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D&O Insurance Insights

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Side A Coverage

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Direct coverage for individual directors and officers, protecting them when indemnification is not available from the company.

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Side B Coverage

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Reimburses the company when it indemnifies its directors and officers pursuant to law or contract.

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Side C Coverage

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Provides coverage to the company itself when it is named in a suit alongside the directors and officers.

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Claims-made Policy

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A policy that provides coverage for claims reported during the policy period, regardless of when the wrongful act occurred.

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Duty to Defend vs. Duty to Indemnify

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Duty to defend requires the insurer to defend the insured in a legal claim, while duty to indemnify means the insurer must pay the judgment or settlement.

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Retention (Deductible)

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The amount that the insured must pay out-of-pocket before the insurance coverage responds to a claim.

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Exclusions

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Specific conditions or circumstances for which the D&O policy will not provide coverage.

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Tail Coverage (Extended Reporting Period)

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An endorsement that allows claims to be reported even after the policy has expired, provided the wrongful acts occurred during the policy period.

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Change in Control Clause

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Provision in D&O policies that addresses coverage continuity in the event of significant changes in company ownership or structure.

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Defense Costs

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The legal expenses, attorney fees, and other costs associated with defending directors and officers against lawsuits.

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Severability

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A provision that ensures the misdeeds or knowledge of one insured do not necessarily affect the coverage available to other insured under the same policy.

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Hammer Clause

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A clause that allows an insurer to compel the insured to settle a claim within certain boundaries, or else the insurer is only responsible for the settlement amount and defense costs up to the time of the settlement offer.

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