Side A D&O Excess and Lead DIC
In today’s challenging business environment, management decisions can come back and haunt you in the future. Companies typically carry Directors and Officers (D&O) liability insurance – and provide broad indemnification – in order to protect senior managers and directors. However, if the D&O insurer refuses or fails to provide coverage, or if a company is unable, unwilling or legally prohibited from providing indemnification, the personal assets of senior managers and directors could be at risk.
That’s where Allied World’s Executive ForceField® fills the void. The Executive ForceField® policy provides broad Side A, or non-indemnifiable, coverage on either an excess or lead basis. The breadth of coverage incorporates many innovative enhancements creating a leading force in the protection of directors and officers.
Within Directors & Officers we also write Allied World Secure
Policy highlights
Reinstated Limit of Liability
- Limit of Liability reinstated upon exhaustion of original limit
- No additional premium charged
- Reinstated limit applies for an unrelated claim made during the same policy period
Broad Definition of ‘DIC Event’
- Actual, attempted or intended rescission or cancellation of Underlying Policy by Underlying Insurer
- Insolvency of Underlying Insurer
- Refusal by Underlying Insurer to pay ‘any portion’ of loss
- Failure of Underlying Insurer to pay loss within 60 days of request for indemnification ‘by on behalf of’ the Insured Person
Broad Definition of ‘Loss’
- Taxes and national insurance contributions incurred by Insured Person ‘in capacity as such’
- Sarbanes-Oxley 304 and Dodd- Frank 954 ‘Facilitation Costs’
- Asset Protection Costs sublimited
- Pre-Claim Enquiry Costs
- Liberty Protection Costs
- Reputation Costs sublimited
- UK Corporate Manslaughter Act
- Defence Costs
- Most favourable venue wording includes specified jurisdictions
Advancement of Defence & Pre-Claim Enquiry Costs
- Costs advanced by Insurer on a current basis, but no later than 60 days after Insurer receives payment request
Favourable Notice of Claim Provision
- Notice of Claim or Pre-Claim Enquiry to be provided as soon as practicable after Chief Legal Officer or risk manager becomes aware of Claim or Pre-Claim Enquiry
- Notice of Pre-Claim Enquiry is required only if the Company or Insured Person elects to seek coverage for such Pre-Claim Enquiry
- 90-day post policy reporting of any Claim or Pre-Claim Enquiry
Worldwide Coverage
Follow Form Coverage
- In addition to the DIC coverage, the Policy ‘follows form’ of the terms and conditions of the Followed Policy
Capacity
- Company Market: up to $25M/€20M/£15M or local currency equivalent
- Policy can be deployed at any attachment point above a traditional D&O program or on a primary basis
- Lloyd’s Syndicate 2232: up to $25M or local currency equivalent