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D&O Insurance Insights
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Flashcards
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Side A Coverage
Direct coverage for individual directors and officers, protecting them when indemnification is not available from the company.
Side B Coverage
Reimburses the company when it indemnifies its directors and officers pursuant to law or contract.
Side C Coverage
Provides coverage to the company itself when it is named in a suit alongside the directors and officers.
Claims-made Policy
A policy that provides coverage for claims reported during the policy period, regardless of when the wrongful act occurred.
Duty to Defend vs. Duty to Indemnify
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.
Retention (Deductible)
The amount that the insured must pay out-of-pocket before the insurance coverage responds to a claim.
Exclusions
Specific conditions or circumstances for which the D&O policy will not provide coverage.
Tail Coverage (Extended Reporting Period)
An endorsement that allows claims to be reported even after the policy has expired, provided the wrongful acts occurred during the policy period.
Change in Control Clause
Provision in D&O policies that addresses coverage continuity in the event of significant changes in company ownership or structure.
Defense Costs
The legal expenses, attorney fees, and other costs associated with defending directors and officers against lawsuits.
Severability
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.
Hammer Clause
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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