PRIVATE D&O, EMPLOYMENT PRACTICES AND FIDUCIARY  PROGRAM

A comprehensive insurance solution designed specifically to help small to mid-sized private companies cope with a range of potential threats to their financial well-being.

Our Appetite

  • Total assets up to $100M
  • Employee count up to 1,000
  • Companies in business for at least 3 years
  • Financially solvent with a sound business model
  • Superior Human Resources practices
  • Minimal claim history

Submission Requirements

  •  U.S. Risk Pro or comparable application, subject to reliance endorsement
  • Latest audited financials
  • Employee handbook and employment appllication
  • Form 5500 or latest plan financial statement
  • 5 year claims history, loss runs

Coverage Options Available

D&O and Insured Entity Liability

A comprehensive insurance solution designed specifically to protect against the exposures associated with the management actions and decisions of a company’s directors and officers.

Coverage Highlights:

  • Non-Rescindable Policy, with regard to innocent “Individual Insureds”
  • Broad definition of “Insured Individuals”, including D&Os, trustees, committee members, employees ,including their estates, heirs, representatives or assigns
  • Outside Directorship Liability when Insureds are sitting on outside non-profit boards
  • Broad definition of “Organization” including Subsidiaries, the Debtor-in-possession or the Bankruptcy Estate of the Organization
  • Broad Definition of “Wrongful Act” including violation of anti-trust statutes
  • 60-Day Post-Policy Claims Reporting Period

Insured vs. Insured Exclusion does not apply to:

  • EPL claims
  • Whistleblower claims
  • Claims brought or maintained by a bankruptcy trustee, receiver, examiner, or liquidator
  • Claims brought as cross-claims
  • Claims brought by former D&O
  • Optional D&O Coverages Available:
  • Side-A Pollution Liability Coverage

Employment Practices Liability

A comprehensive insurance solution designed specifically that protects against allegations stemming from employment-related wrongdoing and helps mitigate EPL exposures through optional state-of-the-art loss prevention services, where permitted.

Coverage Highlights:

  • Broad definition of “Employee” including leased, part-time, seasonal, temporary workers, volunteers and interims
  • Broad definition of “Loss” including:
    • Pre- and Post-Judgment Interest and Front- and Back-Pay with regard to EPL coverage
    • Liquidated Damages awarded pursuant to the ADEA, EPA and FMLA

Optional EPL Coverages Available:

  • Wage & Hour Defense Costs Sublimit
  • Immigration Law Violation Investigative Cost

Fiduciary Liability

A comprehensive insurance solution designed specifically that protects companies, their benefit plans, and their fiduciaries against exposures resulting from breaches of fiduciary duty and allegations of errors and omissions in the oversight and administration of benefit.

Coverage Highlights:

  • Broad definition of “Claim”, Including:
  • Civil Proceedings and Investigations brought by the Department of Labor or Pension Benefit
  • Guaranty Corporation
  • Written Requests to Toll A Statute of Limitations

Broad definition of “Loss” including:

  • ERISA Section 502(i) or (l) civil penalties
  • Voluntary Compliance Loss
  • Delinquent Filer Penalties
  • Voluntary Fiduciary Correction Expenses
  • HIPAA Penalties

Contacts

Hartford – (214) 265-4902
Gary Neidle – Vice President/Branch Manager

Santa Ana – (800) 856-7035
Blake Rea – Vice President
Vanessa Lujan – Sr. Underwriter

Program Highlights

  • Exclusive, National Program including CA
  • Limits up to $5 million, with shared or separate aggregate limits
  • Full Prior Acts Available in Most Instances
  • Duty to Defend
  • Third-party EPL coverage included
  • World-wide Coverage — Acts anywhere in the world, Claims brought in USA/Canada.
  • Full Severability of the Application, and of the Fraud and Personal Profit exclusions
  • Policies can be written with separate limits or as a combined single limit
  • Spousal/Domestic Partner Extension
  • Broad definition of “Claim”, Including: Claims for Monetary and Non-Monetary Relief
  • Judicial, Civil, Administrative Proceedings and Criminal Proceedings
  • Broad definition of “Loss” including Punitive and Exemplary Damages
  • Order of Payments Provision
  • 1-, 2- and 3-year Bilateral Extended Reporting Period options

Optional Coverage Available for:

  • Full World-wide Territorial Coverage
  • Cyber-Crisis Management Costs Coverage
  • Modified Defense Outside of the Limits Option Available for Some Classes

Contacts

Contact your TCAP Underwriters in Dallas: (800) 232-5830 | Fax: (866) 347-0744

Bill Rinker – TCAP Program Director 
Direct Phone: (214) 265-4950 | bill.rinker@usrisk.com

Roger Watson – Sr. Underwriter
Direct Phone: (214) 265-4952 | roger.watson@usrisk.com

Jason Eudy – Underwriter 
Direct Phone: (214) 265-2409 | jason.eudy@usrisk.com

Roy Davis – Associate Underwriter
Direct Phone: (214) 265-2472 | roy.davis@usrisk.com

Courtney Colvin – Assistant Underwriter
Direct Phone: (214) 265-1103 | courtney.colvin@usrisk.com

Applications

Coming soon.

Marketing and Program Flyers

Coming soon.