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 Commercial Directors & Officers Policy Highlights
The DIRECTORS, OFFICERS AND COMPANY LIABILITY POLICY - Form # DO 00 R292 00 0696 contains many important coverage features. Highlights include:
- Coverage for punitive and multiple damages where insurable;
- No mandatory panel counsel list and no mandatory alternative dispute resolution mechanism;
- No mandatory theory of allocation for non-Securities Claims;
- Severability as to policy form exclusions and the application;
- Policy is non-cancelable by The Hartford except by reason of non-payment of premium;
- Carve-backs to the insured v. insured exclusion;
- Mandatory advancement of Claims Expenses under all insuring agreements;
- Blanket, double excess non-profit Outside Position coverage for Directors and Officers;
- All employees are covered in connection with Securities Claims;
- Worldwide Wrongful Acts coverage for Insureds, including functional equivalents of Directors and Officers at foreign subs;
- Automatic coverage for newly created or acquired Subsidiaries whose assets total 20% or less of the Insureds;
- Spousal liability coverage is granted.
THE PRIVATE CHOICE - Form # GL 00 R430 00 0498 contains many important coverage features. Highlights include:
- Commitment to underwrite IPO exposure;
- Full coverage provided for corporate entity as well as its Subsidiaries;
- Mandatory advancement of Claims Expense (excess the retention);
- Coverage available for punitive damages with "most favorable venue" provision;
- Coverage available for Wrongful Acts occurring anywhere in the world;
- Policy is non-cancelable by The Hartford except for non-payment of premium;
- No mandatory arbitration/mediation provision;
- Loss includes front pay and back pay, pre and post judgment interest, as well as premiums for appeal, attachment or similar bonds;
- Insured definition includes all past, present or future Directors, Officers, Employees (including part-time, seasonal, and temporary), qualified leased or loaned employees and scheduled independent contractors;
- Broadened Definition of Employment Practices violations to include employment-related misrepresentations; libel and slander; humiliation; retaliation; invasion of privacy; wrongful demotion and discipline; failure to provide or enforce employment practices policies and procedures; sexual or other workplace harassment; civil rights violations; and violations of FMLA;
- Spousal liability coverage automatically granted;
- Blanket Non-Profit Outside Position coverage for Directors and Officers;
- Broad definition of Claim, which includes written demands or notices of monetary or non-monetary relief, civil proceedings, arbitration, or formal administrative or regulatory proceedings, including those before the EEOC;
- No layoff, downsizing, closing, or reorganization exclusion;
- No class action exclusion;
- Automatic coverage for newly created or acquired Subsidiaries whose assets total 20% or less of the Insureds;
- Automatic run-off coverage for corporations which cease to be Subsidiaries.
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