Directors & Officers – Executive Forcefield

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
  • Section 11, 12 and 15 exceptions

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