Directors & Officers Liability
In today's legal and regulatory environment, every public company must act to adequately protect its directors and officers. Arch Insurance Group offers a primary policy specifically designed to protect directors and officers from the increasing risk exposures associated with today's business challenges such as the recently enacted Dodd-Frank Reform Act. This policy form, Arch Essential D&O®, includes many new and innovative coverage enhancements as detailed below.
Public companies in all industry segments
Necessary Legal and Regulatory Protections for Today's Executives:
- Inquiry Coverage for Insured Persons in responding to a subpoena, a request to produce a document or to appear for an interview.
- Insured Person does not have to be a target to be covered
- Broad Investigation Coverage includes clarification that no Wrongful Act required to trigger coverage for Inquiries or Insured Person Investigations.
- Limited Entity vs. Insured Exclusion (in lieu of Insured vs. Insured exclusion) that does not apply to:
- Defense Costs that are Non-Indemnifiable
- Claims brought by trustees, examiners, or assignees thereof in the event of financial insolvency
- Claims brought in foreign jurisdictions
- Defense Cost Advancement within the Retention if Loss is indemnifiable and the Insured Organization fails or refuses to indemnify within 60 days.
- Coverage for civil FCPA penalties against Insured Persons for any non-willful violation
- Coverage for fees and expenses incurred in facilitating a claw back payment under SOX 304/Dodd-Frank 954
Broad Organization Liability Protections:
- Securities Investigation Co-Target Coverage protects the Insured Organization when a securities investigation is also maintained against an Insured Person.
- Broad definition of Subsidiary includes all entities while under Management Control, including partnerships.
- Claim reporting 180 days after expiration, provided the Insured renews coverage with Arch. 60 days otherwise.
NOTE: For Private Company D&O please refer to our Arch Corporate Canopy® information.
For other management liability products please refer to: Fiduciary Liability, Employment Practices Liability and Commercial Crime information.
Select retail and wholesale producers
Up to $25 million in limits on a primary and excess basis
Completed D&O Application (which can be waived by the underwriters for renewals and prospective insureds with previous D&O coverage which is still in place).
Insurance coverage is underwritten by a member company of Arch Insurance Group Inc. This is only a brief description of the insurance coverage(s) available under the policy. The policy contains reductions, limitations, exclusions and termination provisions. Full details of the coverage are contained in the policy. If there are any conflicts between this document and the policy, the policy shall govern. Not all coverages are available in all jurisdictions.