D&O Insurance: Managing Liability in Today’s Corporate Climate

October 6, 2021

Organizational leaders are trusted to make mission-critical decisions on the turn of a dime. At the same time, these decisions must be made with shareholder best interests in mind. The range of exposures facing directors and officers (D&Os) — as well as the claims potential — continue to raise concerns. Simply put, D&Os face increased corporate liability and a robust risk environment unlike any other in recent history. With corporate management under the spotlight, it is important for attorneys who represent corporations and their C-suite executives and executives and claim handlers with insurers and reinsurers — to understand the D&O litigation landscape; the breadth and depth of client coverage portfolios; and the current state of the market. This deep dive discussion with three insurance experts provides an objective and 360-degree analysis of D&O coverage trends today.

Register

What You Will Learn

The faculty will examine the D&O landscape, identify typical and emerging exposures, claims settlement trends, as well as risk mitigation and insurance strategies to help corporate organizations, including insurance carriers endure this volatile time. Topics of discussion include:

What is covered under most D&O policies? 

  • How does D&O liability exposure and coverage analysis differ between private companies vs. a public one, as well as nonprofit organizations
  • Where are companies exposing their Boards with inadequate coverage? 

ESG: The practical implications ESG has on Board liability and how D&O coverage is responding to this threat 

Cyber: Ransomware and D&O coverage: What risks are presented to the D’s and O’s? 

COVID: Unique COVID concerns: Are claim filings still expected and if so, what should policyholders and carriers be focused on

  • What is foreseeable today that wasn’t in 2020: Vaccine and return to work protocols; supply chain disruptions; and employment claims
  • Do we still expect claims and if so, where will they arise? 

Negotiating new policies and renewals: What companies need to be aware including tail policies and lapsing coverage 

  • What additional resources are available to Boards to expand coverage?
  • What are carriers looking for in financials, before underwriting?
  • Recommended policy and procedure changes that may improve underwriting opportunities

CLE Information