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Executive Liability Insurance

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Executive Liability Insurance

Executive liability is a key exposure for most technology companies. Leadership, the most visible segment of the business community, is under increasing scrutiny from regulators, investors and the media. This scrutiny has a profound impact on risk management strategies. Consequently, directors' and officers' liability insurance has become an operational and financial imperative for technology, pharmaceutical and chemical firms.

Directors' & Officers' Liability Insurance

Protecting your directors and officers has never been more important in this climate of increased regulations, expanded guidelines and in-depth analysis of corporate governance.

D&O Liability Insurance is an errors and omissions type of coverage which protects directors and officers against claims for losses resulting from failure to do their jobs properly.

3 Parts of a D&O Contract
A – Personal Asset Protection covers Directors & Officers to the extent the company is unable to reimburse them. Examples of Claims:
  • Shareholder derivative action
  • Insolvency
  • Duty of Loyalty
B – Balance Sheet Protection covers the company’s obligation to indemnify the Directors & Officers.
(Important: This does not cover the legal liability of the company.)


C – if not included in the form can be added to most forms to cover the legal liability of the company.
Claimants can include competitors, suppliers, customers, employees, investors/shareholders of the company, and government agencies.

Regardless of size or type of business, private companies face many serious exposures in the course of their day-to-day operations. Even small, privately held businesses, for example, are exposed to claims from employees, clients, customers, competitors, creditors, and state or federal regulatory agencies. Needless to say, for a small business such litigation can be financially disastrous.

Employment Practices Liability Insurance

EPLI is Liability Insurance to help protect your business when there is an allegation stemming from discrimination, harassment or another type of wrongful occurrence in the course of employment that is in violation of federal, state or local law, common or statutory.

In technology industries corporate mergers, acquisitions, divestitures, and restructurings are often accompanied by employment terminations and changes in reporting relationships. Such upheaval often spawns numerous lawsuits. In addition, day-to-day human resource practices such as the promotion, discipline, and termination of employees also lead to litigation.

Who does EPLI Coverage Protect?

  • The corporation and its subsidiaries
  • Directors and Officers
  • Employees and
  • Occasionally coverage is provided for third party claims (i.e. by clients, customers, vendors, etc.).

Typical coverage under Employment Practices Liability Contracts includes:

  • wrongful dismissal, discharge or termination of employment, either actual or constructive;
  • harassment (including but not limited to sexual harassment);
  • discrimination;
  • retaliation;
  • employment-related misrepresentation;
  • employment-related libel, slander, humiliation, defamation or invasion of privacy;
  • wrongful failure to employ or promote;
  • wrongful deprivation of career opportunity, wrongful demotion or negligent employee evaluation;
  • wrongful discipline;
  • failure to grant tenure; or
  • with respect to any of the foregoing: negligent hiring, retention, training or supervision, infliction of emotional distress, failure to provide or enforce adequate or consistent corporate policies and procedures, or violation of an individual’s civil rights.

Every EPLI insurer offers a different coverage contract.



TechShield® is a registered service mark of Affinity Insurance Services, Inc.; in CA, MN, & OK, AIS Affinity Insurance Agency, Inc. (CA License #0795465) and in NY, AIS Affinity Insurance Agency. Coverage availability may vary by state. This summary is for illustrative purposes only and should in no way be considered to accurately summarize the available insurance coverage. All policies are subject to policy terms, conditions, exclusions, company underwriting guidelines and approval. Affinity Insurance Services is a leading provider of professional liability insurance programs and a subsidiary of Aon.


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