Be In The Know About D&O and E&O
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- Albert Lang
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1 Be In The Know About D&O and E&O February 3, :00 pm 3:30 pm (Eastern) Sponsored by ASAE Services, Inc. and ASAE-endorsed partners Aon Association Services and Media/Professional Presenters: Eric Johnson Aon Association Services Michael Born Media/Professional Rhonda Reeves Media/Professional, Q&A participant Amy Doherty Aon Association Services, Q&A moderator
2 Items for Discussion What is considered Management Liability? What is? Who s Covered? What s Covered? Common Claims / Case Studies Mitigating Risk Q&A
3 What is considered Management Liability? Directors & Officers (D&O) Liability Insurance Employment Practices Liability Insurance Professional Liability Insurance (E&O) Fiduciary Liability and/or Employee Benefits Liability Crime and/or Fidelity Coverage
4 What is D&O Insurance? Protects an association against allegations of mismanagement, neglect or breach of duty as it relates to the management of the organization
5 D&O Who s Covered? D&O Definition of Insured Usually includes.the Entity, as well as any past, present & future Directors, Officers, Committee Members, Trustees, Employees & Volunteers. The heirs, executors, administrators and legal representatives of an Insured, in the event of an Insured s death, insolvency or bankruptcy.
6 D&O - What s Covered? Typically Includes: Employment Practices Liability Insurance (EPLI) Discrimination (Race, Gender & Age) Wrongful Termination Harassment Personal Injury (Libel, Slander & Defamation of Character) Publisher s Liability (Copyright or Trademark Infringement) Mismanagement of the association s funds
7 D&O - What s Covered? Other Important Features: Antitrust Allegations Defense Outside the Limit of Liability Outside Directorship Breach of Contract Standard Setting and Certification Typically only a sub-limit is provided
8 D&O - Common Claims Most Frequent and Severe Types of Association D&O Claims: Employee / employer disputes Discrimination, Wrongful Termination, Sexual Harassment, Failure to Hire or Promote Alleged Anti-trust Violations Membership Disputes Standard Setting and Certification Defamation
9 D&O Polling Question Has your association experienced a claim under its' Directors & Officers Insurance policy? Yes No Don t know We don't currently purchase D&O Insurance
10 D&O Case Studies EPLI Case Study Personal Injury Case Study
11 Mitigating D&O Risks Remember the three duties (care, loyalty & obedience) Document, document, document Legal counsel EPLI Website Does it sound right Cooling off period
12 What is E&O Insurance? Known as Errors & Omissions (E&O) or Professional Liability Insurance Protects an association against allegations of negligent acts, errors or omissions in the delivery of professional services
13 E&O Who s Covered? E&O Definition of Named Insured Usually includes.the Entity, as well as its current and former Officers, Directors, Trustees and Employees, but only for Wrongful Acts committed within the scope of their duties.
14 E&O - What s Covered? Typically Includes: Coverage for Professional Services Defense for claims of dishonest, fraudulent, criminal, malicious or knowingly wrongful conduct Worldwide coverage Punitive / Exemplary Damages
15 E&O - What s Covered? Other Important Features / Emerging Trends: Standard Setting, Certification & Accreditation Bodily Injury & Property Damage Defense of Anti-trust claims Coverage for discrimination (not knowingly committed) and defense for allegations of knowingly committed discrimination Unauthorized Access to Data or Systems First Party Privacy Coverage Crisis Management and Notification
16 Common E&O Claims The Most Frequent and Severe types of Association E&O Claims: Certification Accreditation Privacy
17 E&O Polling Question Does your association engage in any of the following activities? Setting of standards of any kind? Yes No Accreditation or Certification of any products, persons or processes? Yes No
18 E&O Case Studies Certification Case Study Standards Setting Case Study Copyright Infringement/Defamation Case Studies
19 Mitigating E&O Risks E.S.C.a P.e E. Education or Training S. Supervision C. Communication and P. Procedures expect, exasperating enigmas
20 QUESTIONS? Eric Johnson Assistant Vice President Aon Association Services ext Michael Born Vice President, Claims Media/Professional Insurance
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