Covers
Non-rescindable policy for individuals (unless fraud)
Defence costs, damages, and settlements for “wrongful acts”
Employment Practices Liability cover (including emotional distress) for individuals
No pollution exclusion.
Bodily injury/property damage claim defence costs (sublimited)
No trustee exclusion
Legal fees and expenses up to full policy limit for attendance at any investigation into the affairs of the company or an individual insured
Outside directorship cover
Severability of proposal form and conduct exclusion
No insured vs insured exclusion for non-US claims
Cover Extensions
R2,5m limit per non-executive director (over and above standard limit and indemnification provisions, and up to 10% of the limit of indemnity)
Emergency pre-approved defence costs (up to 20% of limit)
Assets and liberty costs cover (including bail bond and director disqualification– full limits)
- Automatic cover for new non-US subsidiaries and for US entities valued within 25% of total group assets
Bilateral discovery period
Lifetime runoff for retired directors
Company crisis loss cover (sublimited)
Value Added Services
Additional regulatory crisis response cover (sublimited)
Public Relations expenses (sublimited)
Insured
Included past, present, and future directors, officers, employees, shadow directors, outside entity directors, spouses, administrators and executors of insureds’ estates
Policy Form and Indemnity Limit
Full retroactive cover on claims made basis Policy limits of up to USD 50 million plus R 2,5 million for each and every Non-Executive Director (NED)
Option: Entity Cover for Securities Claims
Insures the company up to same indemnity limit as D&O Liability policy
Up to 100% Entity cover irrespective of whether an insured is named as a co-defendant
Claims in respect of public or privately traded securities
Judgments, settlements, and defence costs
Exclusions
Fraud
US Insured vs Insured
Prior and Pending Litigation