Directors and Officers Excess Side A DIC PROtect℠
Our Side A Directors and Officers Liability Insurance policy provides broad protection for directors and officers of public, private and non-profit organizations for non-indemnifiable claims and Difference in Conditions (DIC) coverage.
- “Drop down event,” which triggers DIC coverage that includes, but is not limited to, situations where the underlying insurer denies, rescinds or cancels coverage, becomes insolvent or is enjoined from making payment (e.g., by order of a bankruptcy court in the event the company is in Chapter 11).
- “Non-indemnified loss” includes amounts for which the company refuses to indemnify directors and officers, even if the company is legally permitted to indemnify and has the resources to do so.
Coverage is subject to only three exclusions
- Improper profit (with final adjudication requirement)
- Dishonesty (with final adjudication requirement)
- BI/PD (with carve outs for securities claims and EPL-related emotional distress and mental anguish).
- Mandatory advancement of defense costs triggered by the company’s and underlying insurers’ failure to advance defense costs within 60 days of request for payment, even if there has not been an explicit refusal to pay.
No minimum attachment
Appetite & Availability
All size risks, ranging from small private companies to large publicly traded companies, in all industry segments
We can write on an admitted basis in the following states:
- District of Columbia
- North Carolina
- North Dakota
- New Jersey
- New Mexico
- New York
- South Carolina
- South Dakota
- West Virginia