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Since its inception about fifty years ago, D&O insurance has evolved into a family of products responding differently to the needs of publicly traded companies, privately held businesses and not-for-profit entities and their respective board members, officers and trustees.

Directors' & Officers' Liability, Executive Liability or Management Liability insurance are essentially interchangeable terms. However, insuring agreements, definitions, exclusions and coverage options vary materially depending upon the type of policyholder being insured and the insurer underwriting the risk. Executive Liability insurance, once considered a necessity solely for publicly traded companies, particularly due to their exposure to shareholder litigation, has become recognized as an essential part of a risk transfer program for privately held companies and not-for-profit organizations.

Optimization of protection is a common goal shared by all types of organizations. In our opinion, the best way to achieve that objective is through engagement of highly experienced insurance, legal and financial advisors who work collaboratively with management to continually assess and treat these specialized enterprise risk exposures.

Private Company D&O Exposures

In 2005, Chubb Insurance Group, one of the largest underwriters of D&O insurance, conducted a survey of the D&O insurance purchasing trends of 450 private companies. A significant percentage of respondents gave the following reasons for not purchasing D&O insurance:
did not see the need for D&O insurance,
their D&O liability risk was low,
thought D&O risk is covered under other liability policies

The companies responding as non-purchasers of D&O insurance experienced at least one D&O claim in the five years preceding the survey. Results showed that private companies with 250 or more employees, were the subject of D&O litigation during the preceding five years and 20% of companies with 25 to 49 employees, experienced a D&O claim.

The survey revealed 43% of D&O litigation was brought by customers, 29% from regulatory agencies, and 11% from non-publicly traded equity securities holders. The average loss reported by the private companies was $380,000. Companies with D&O insurance experienced an average loss of $129,000. Companies without D&O insurance experienced an average loss of $480,000.

Some Common Examples of Private Company D&O Claims

Major shareholder led buy-outs of minority shareholders alleging misrepresentations of the company's fair market value
purchaser of a company or its assets alleging misrepresentation
sale of company assets to entities controlled by the majority shareholder
creditors' committee or bankruptcy trustee claims
private equity investors and lenders' claims
vendors alleging misrepresentation in connection with an extension of credit
consumer protection and privacy claims

Private Company D&O Policy Considerations

Executive Liability insurance policies for privately held companies typically provide a combination or package of coverage that includes, but may not be limited to: Directors' & Officers' Liability, Employment Practices Liability, ERISA Fiduciary Liability and Commercial Crime/ Fidelity insurance.

D&O policies, whether underwritten on a stand-alone basis or in the form of a combination-type policy form, are underwritten on a "claims-made" basis. This means the claim must be made against the Insured and reported to the insurer during the same effective policy period, or under a specified Extended (claims) Reporting Period following the policy's expiration. This is a completely different coverage trigger from other liability policies such as Commercial General Liability that are traditionally underwritten with an "occurrence" trigger, which implicates the insurance policy that was in effect at the time of the accident, even if the claim is not reported until years later.

"Side A" coverage, which protects individual Insureds in the event the Insured entity is unable to indemnify individuals, is a standard agreement contained within many private company policy forms. These policies are generally structured with a shared policy limit among the various insuring agreements resulting in a more affordable insurance product tailored to small and mid-sized enterprises. For an additional premium, separate policy limits may be purchased for one or more of each distinct insuring agreement affording a more customized insurance package.

Also, policies should be evaluated to determine whether they extend coverage for covered "wrongful acts" committed by non-officers or directors, such as employees, independent contractors, leased, and part-time employees.

Imputation of Knowledge & Severability

Coverage can be materially affected if an Insured individual has knowledge of facts or circumstances or was involved in wrongful conduct that gave rise to the claim, prior to the effective date of policy under which the claim was reported. Policies differ as to whether and to what extent, the knowledge or conduct of one "bad actor" may be imputed to "innocent "individual Insureds and / or to the Insured entity.

"Severability", is an important provision in D&O policies that is often overlooked by policyholders until it threatens to void coverage during a serious pending claim. The severability clause can be drafted with varying degrees of flexibility-- from "partial" to "full severability." A "full severability" provision is always most preferable from an Insured's standpoint. Many D&O policies, impute the knowledge of certain policy-specified senior level officer positions to the Insured entity. That imputation of knowledge can operate to void coverage that might have otherwise been available to the Insured entity.

M&A and "Tail Coverage" Considerations

The "claims-made" coverage trigger is critically important in an M&A context where contingent liability risks are inherent. In these contexts, it's important to evaluate the seller's policies' options to purchase a "tail" or "extended reporting period" for each of the target company's policies containing a "claims-made" trigger.

A "tail" coverage option allows for the reporting of claims alleging "wrongful acts" that occurred during the expired policy period, yet were not actually asserted against the Insured until after the policy's expiration, but instead were asserted during the "extended reporting" or "tail" period. An acquiring company's insurance professional should work closely with legal counsel's due diligence team to identify and present alternatives to manage contingent exposures.

What a Director or Officer Doesn't Know Will Hurt Them

Directors' & Officers' Liability insurance policies were originally created solely to protect the personal assets of the individuals serving on public company boards and executive officers. In 1992, one of the most prominent D&O insurers led a major transformational change in D&O underwriting by expanding coverage to include certain claims against the insured entity. Entity coverage for publicly traded companies is typically restricted to securities claims, while privately held companies and not-for-profit organizations benefit from more comprehensive entity coverage because they lack the public securities risk exposure of publicly traded companies.

The "Claims- Made" Coverage Trigger

D&O policies are universally underwritten on a 'claims-made' basis. This translates to an unequivocal contractual requirement that the policyholder report claims made against an Insured to the insurer during the effective policy period. The only exception is in the case where an optional reporting 'tail' is purchased which affords the Insured the ability to report claims during a specified "extended reporting period," as long as the wrongful act occurred during the effective period of the immediately preceding policy.

Defense

D&O policies issued to public companies generally contain no explicit duty to defend and some require the Insured to select from a pre-approved panel of pre-qualified defense counsel. In contrast, many private company D&O policies do contain a provision placing the defense obligation squarely upon the insurer, and still other policies contain options allowing the defense to be tendered by the Insured to the insurer within a specific period of time. Some D&O policies contain defense cost provisions that require an allocation or sharing of the defense costs between the Insured and Insurer, based upon a determination of covered versus non-covered allegations.

Settlement Hammer

D&O policies typically contain a "settlement hammer" provision. This clause operates to limit an insurer's obligation to indemnify in the event the Insured refuses to consent to a settlement that is acceptable to the insurer. Some policies may express the amount the insurer will pay for covered loss under this circumstance as a percentage of the ultimate covered settlement or judgment. Other D&O policies may limit their economic exposure to the amount for which the case could have historically settled, but for the Insured's refusal.

Regulatory Proceedings and Investigations

Most D&O insurance policies afford qualified protection against "regulatory and governmental" investigations, "administrative or regulatory proceedings," and criminal proceedings. Policies often require the proceedings to be directed against a natural person Insured, to be commenced and maintained in a manner specified in the policy, such as a 'formal' order of investigation, and only for policy-defined defense expenses incurred after the issuance of a formal order or an indictment.

D&O policies' definitions and other corresponding provisions and exclusions vary, and should be carefully evaluated to determine whether they encompass informal investigations from the time a subpoena is received, or from the time an Insured person is identified in writing as a person against whom charges may be filed.

Learning the A,B,C's and D's of D&O Coverage

The three main Insuring Agreements found in public company D&O policies, are typically referenced as "Side A, B, and C coverage". They are sometime supplemented with an optional Coverage D.

"Side A "Coverage - Individual Insured Coverage

"Side A Coverage," also known as the "Non-Indemnifiable Loss Insuring Agreement," provides coverage to individual officers and directors against claims for their policy-defined wrongful acts in their official capacities, under fairly rare circumstances in which the Insured entity either cannot or will not provided indemnification.

The policy's "Side A" coverage for non-indemnifiable claims against directors and officers, almost universally provides that no retention is required to be paid by individual Insureds. A separate "Side A" limit may be available in addition to the traditional D&O policy's aggregate limit of liability. "Side A" excess D&O policies have become more commonplace in the past several years, and certain "Side A" excess policies may also offer "difference in conditions" ('DIC') coverage that generally provides a feature of 'dropping down' to respond to claims either not paid by the primary or underlying D&O policy insurer, or in the event indemnification is unavailable from the Insured entity, the underlying limits are eroded by covered claims against the entity, or the underlying D&O insurers deny coverage to the directors. Some Side A policies are underwritten as non-rescindable by the insurer. Purchasers of this coverage should also consider, if available, an option for reinstatement of policy limits for the outside directors, in the event of premature policy limit exhaustion.

"Side B" Coverage - Corporate Reimbursement Coverage
This insuring agreement reimburses the Insured entity for covered loss under claim circumstances where the corporation is indemnifying its directors and officers. This provision does not afford any coverage to the Insured entity for its own potential liability, and is subject to a self-insured retention ("SIR") that must be paid by the Insured entity before an Insurer will make any payments. It's important to note that many Insureds do not realize they are contractually obligated to obtain the insurer's prior consent to incur costs and expenses, and only those costs and expenses approved in advance by the insurer will be deemed to have satisfied the Insured entity's SIR obligation. It's important for policyholders to understand they run a serious risk of losing some or all of their otherwise available coverage, if they incur legal expenses prior to reporting the claim, or if they enter into negotiations or reach a settlement agreement in principle without the insurer's prior knowledge and consent.

"Side C" Coverage - Entity Coverage

This insuring agreement affords coverage to the publicly traded Insured entity only for it own liability and is typically restricted to coverage for securities-related claims. "Securities Claims" is a policy-defined term, encompassing only claims arising from the Insured entity's own securities. Privately held companies and organizations are afforded substantively different coverage under this insuring agreement.

"Side D" Coverage - Outside Entity Insured Person Coverage

This insuring clause is available as an option on most D&O policies. It provides coverage to designated "Insured Persons", for their liability as a result of their membership on an "Outside Entity" board. This coverage applies on a "double excess" basis, meaning it is triggered after the exhaustion of any indemnification provided by the Outside Entity to the Outside Entity director, as well as any insurance coverage available from the Outside Entity. Traditional D&O policies typically extend automatic coverage to insured Individuals who are designated by the policyholder to participate as a board member of a not-for-profit organization.

Some Additional Considerations
In addition to the topics highlighted earlier, D&O insurance purchasers should gain familiarity with how their policies may respond under bankruptcy situations, potential coverage issues arising from a Special Committee's investigative activity, potential issues involving priority of payments among Insureds, hidden D&O insurance program design flaws that can render excess D&O policies unresponsive to catastrophic claims, and the changing requirements of international D&O coverage to remain compliant with local country regulations. These topics will be covered in a future article.

This article provides general information and is neither intended to provide any legal advice nor to provide any advice with regard to the specific interpretation or operation of any insurance policy. Any insurance policy's applicability is highly fact specific. Qualified legal counsel should be consulted regarding laws that may apply with respect to policy coverage interpretation in the state in which the policy will be interpreted.

The author, James J. Ilardi, CPCU, is a Chartered Property and Casualty Underwriter and President of SECURA RISK GROUP, LLC.

SECURA RISK GROUP is a New York based, independent commercial insurance brokerage and advisory firm. The firm specializes in the evaluation, design and procurement of business insurance policies and insurance programs for privately held enterprises, publicly traded companies, non-profit organizations and professional service firms. SECURA RISK GROUP also provides claims advisory and support services.

For additional information please visit our website at http://www.securarisk.com.

Article Source: https://EzineArticles.com/expert/James_Ilardi/751841



Article Source: http://EzineArticles.com/4943585
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Compare Cheap Insurance Quotes - Save Time and Money by Comparing Cheap Insurance Quotes

How does your decision to compare cheap insurance quotes on the internet help you save precious time and money? The insurance market has become so competitive that it is impossible to identify a single insurance company as the best one around. There are many variable factors including the type of insurance that one wants, income and lifestyle of the individual, the asset that one wants to insure and the amount of premium that one is prepared to pay. In such a scenario, one cannot blame an individual for opting to compare cheap insurance quotes instead of entering the confusing world of insurance analysis.

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How do you save money when you compare cheap insurance quotes? If you opt for quotes comparison, chances are very high that you will quickly identify the cheapest and most beneficial insurance policy for your life, car, home or any other asset. You will get a clear tabular analysis which will tell you how much one has to pay for each and every policy under consideration. If you do not compare cheap insurance quotes, you will have to prepare a comparative statement manually. This is next to impossible considering the fact that the average individual is rarely, if ever, conversant with how insurance policies work.

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It is important to compare insurance quotes before getting signed up with an insurance policy. When you compare insurance quotes you can rest assured you are saving both time and money because you are guaranteed to get the lowest insurance quote, Given the current recession it is important to make sure to prioritize your money and compare insurance quotes online. A good place to state would be an online website that actually allows you to compare insurance quotes online for free.

What to Look Out For in the Best Forex Online Trading Platform

  1. What to Look Out For in the Best Forex Online Trading Platform
  2. What do you need to look out for in the best Forex online trading platform? Customisability in all aspects. A platform should take into account that each investor has his or her own methods and mechanics, and that should be able to be translated directly into the mainframe of the trading platform. Too often investors get stuck with rigid programmes that do not have the flexibility needed to adapt to the character of the investor. While market psychology is very important in all respects, individual investor psychology is also one of the most important things and when one invests, one has to be comfortable with the platform that they are using.

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Another important thing is ease of use. It is appreciated that there has been a lot of mathematics and technology put into the software programme but it should be forced into the investor as a matrix in which he will be using to interface with the Forex market. The platform has to be easy to understand and easy to use so much so that even the casual investor can understand its mechanisms and start to use it right away. Investing already is difficult and investors and prospectors of a market commodity should have to be wrestling with steep learning curves when it comes to working out their trading platform. In every sense of the word, trading should be easy to spark - there are so many other aspects of the trade that need learning and practice, and the platform should not be one of them.

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The best platforms out there have a lot of mathematics behind it, and this is because those who created the programme understood that currency and currency behaviour is ruled by algebraic equations in an economic environment. A good Forex trading platform should be able to crunch a whole host of numbers and give you the latest price feeds. A good platform also is able to give you tips and hints, as well as warnings when it comes to you making the wrong decisions. Just imagine it as your electronic broker - who takes the place of your real life broker when you are investing from home or even from your office. While your broker has to accommodate hundreds of investors, a platform should be the reliable tool you need to guide you the right way.

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One the last few things about a Forex trading platform is that it should be fast - being able to match the speed of the market's liquidity. Order fills, broker communication and currency purchasing options should be done within a few clicks of the mouse and this brings me to another point that most people overlook. Support from the company who sold you or provided you with the platform. There should be an end to end communication and technical support just in case anything goes wrong and it should be clearly delineated within the first few moments of you singing the agreement or filling out a purchase order. Recognise the features that separate the mediocre from the outstanding Forex online trading platform.

Online Masters Degree Programs - What You Should Know

For those who are considering attaining their masters degree, but work full time, have a family to take care of, or are a bit older and do not want to take the traditional college setting, the choice to go get a masters via online masters degree programs is one option to consider. Depending on the type of masters program you are trying to get your degree in, there is several accredited online degree seeking programs for you to consider. From an MBA, to masters in accounting, to getting your degree in nursing or the sciences; no matter what online masters degree programs you wish to enroll in, there are many online options to choose from.

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The most important thing to consider when choosing an online masters program is to find a university which is accredited in the type of degree option you are after. Visiting various online sites, researching several institutions, and gathering as much information as possible as to the masters program you wish to enroll in, is the best way to ensure you do choose the right program, and that you are going to receive your masters from a program that has been accredited in the particular field of study you are looking to go in to.

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For those who have limited time, and have other obligations and priorities in life, you will also find that the online masters degree programs option is one to consider rather than the traditional college style set up. Not only will you be able to continue with your job full time, taking care of the kids, and having your family life, but you are also going to be able to further your career with the online option. Due to the fact that there are a wide range of class options, from nights and weekends, to the regular hours during the week, all students, no matter how hectic their life might be, can complete the masters program when they choose the right online university.

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The time requirements are also up to each student who enrolls in different online masters degree programs. Whether you choose to go full or part time, and depending on whether you want to do an accelerated program, or something that is going to take the full four years to complete, there are different course loads and scheduling options to consider when you are a student in an online masters degree seeking program as well. So, no matter how quickly you hope to finish, or how slowly you choose to go, there are different options to turn to for those who are considering the online route.

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Tips On How To Get Your Bad Credit Personal Loan Application Approved

In current times, the demand for bad credit personal loans has been on the rise. This can be attributed to the fact that the economy has not been very good. This coupled with the fact that commodity prices have been on the rise has led to most people having a bad credit history, which effectively locks them out of getting loans, If you are in such a position, you should not despair. Even if you have a bad credit history, you can still apply for and get a loan. There are certain loans which are specifically meant for such a demographic, and it would be a good idea to make use of them when you need to borrow money.

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A good example of a loan that you can take when you have a bad credit history is a payday advance. This is a kind of short term loan which is often paid within a month. As the name suggests, this kind of loan is often paid back when one receives his or her pay check at the end of the month, One good thing about this kind of loan is that it is very easy to apply for one. If you need it, all you have to do is find a website run by one of the lenders. For instance, if you live in the United States you can simply use Google to search for payday advance lenders who have online sites. You can then fill out the form and then wait for the money to be deposited in your account.

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When you apply for such loans, there are certain things that you need to do so as to increase the chances of getting approved. For instance, you need to know exactly what kind of documentation you need for the loan. For instance most payday advance dealers will require that you have proof of income, such as your pay slips for the past few months, In addition to that, you may also need to provide details of your bank account. Most lenders will deposit the money in your account after approval, especially when you are applying online. Also, most of them will automatically deduct the amount you are to repay at the end of the month from your account, making it more convenient to make payments.

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There are many people who are opponents of bad credit loans due to the fact that they seem to offer high interest rates. For instance, many payday advance lenders will charge a nominal fee of around $15 for each $100 one borrows. This may seem like a very high amount, but the fact of the matter is that they do this since they expose themselves to increased risk, In addition to that, the fact that such loans are often of very small amounts and are paid within a very short time means that the interest never accumulates to very large amounts, as would typical bank loans.When all is said and done, getting bad credit personal loans is not as hard as one might think. There are many companies which offer these facilities, and all one has to do is find one that suits them. By following the guide above, you can do this with relatively little trouble.

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