As D&O claims throughout Europe continue to increase, the need for world-class AIG D&O strength has never been greater.
European D&O claims are increasing in number and magnitude (driven by regulator activity, political scrutiny of businesses, recessionary claims and shareholder activism). Our in-house D&O teams handle thousands of claims a year, and we’ve dealt with all types of D&O claims before. We also provide a fresh limit for every unrelated claim, so no matter how many claims they have, our clients can depend on expert, experienced guidance as well as full limit protection.
Directors can’t always rely on their companies to defend them.
Companies may be financially compromised (e.g. approaching bankruptcy), they may distance themselves from directors accused of wrongful acts or it might be the company accusing the director of wrong doing. With AIG’s D&O policy behind them directors don’t have to worry about the costs of defending themselves. We are there to look after them – even if their company refuses to.
Just because directors are innocent doesn’t mean they don’t have to defend themselves.
We protect our D&O clients against actual or alleged acts and have many examples of completely unfounded and even malicious actions against our insureds which can be very expensive to defend as well as time consuming and stressful for the individuals involved.
The personal impact of an action and the financial amounts involved can be shocking as claims can run for years.
We offer industry leading D&O limits up to £25 million, and as a preeminent D&O carrier with 40 years’ experience and more D&O claims handlers in more offices worldwide than anyone else; we know the best steps to guide your clients along no matter what the scenario or wherever in the world they may be.
Finally, CorporateGuard provides clients with non-rescindable protection.
This means that as long as directors have not been deliberately fraudulent in the information they have provided to us, we cannot withdraw cover because of misrepresentations or nondisclosures they might have made in the application for D&O insurance.
CorporateGuard D&O includes specific coverage to maximise directors’ protection against increasingly acute personal exposures.
Focus on individuals
We see more regulatory determination to hold individual directors to account for corporate misconduct and an increasing European trend to “zero in” on individual directors for monetary redress (e.g. fines, damages) and non-monetary redress (e.g. board changes, disqualification, imprisonment.) Here are some of the ways that Corporate D&O protects directors:
CorporateGuard is aligned with the typical development of investigations, which may start out as general “fishing expeditions” before crystallising into targeted investigations against specific individuals. This chronology is reflected in the CorporateGuard definition of a claim which includes specific cover for individuals simply targeted for investigation.
Asset and Liberty Personal Expenses
CorporateGuard protects directors facing confiscation of property and asset freezing. We cover the costs of defending these proceedings, and in the event of confiscation we pay emergency costs including: school fees, monthly mortgages, utility costs and insurance premiums directly to the supplier.
Severabilty of Exclusions
Individuals will not be prejudiced by the wrongdoings of other people insured under the policy. For example, if one director commits a fraudulent act that is specifically excluded by the policy, this will not affect the cover provided to any other directors under the policy.
We provide life-time cover for retired directors, covering their actions while they were working and insured by CorporateGuard, even if the policy isn’t renewed after they retire. This means retired directors don’t have to worry about the actions of current and future board members in relation to their D&O cover.
CorporateGuard has specific coverage and protection for directors as regulatory and political scrutiny grows.
We are seeing regulators across countries more determined than ever to eradicate corruption and anti-trust practices. Facing huge expectations, regulators may look to outsource their workload to businesses, through self-reporting or whistle blowing. We also expect increasing numbers of official enquiries and investigations by tax authorities as well as politically orientated commissions and enquiries. CorporateGuard protects directors in several ways:
CorporateGuard’s cover for pre-claim inquiries recognises the frequent source of inquiries and also their initial informality (e.g. a phone call requesting information). Cover is triggered by “a verifiable request” for questioning by regulators, trade bodies, government agencies or parliamentary commissions.
CorporateGuard includes pre claim coverage to protect directors involved in internal company investigations at the behest of regulators after self-reporting or whistleblowing allegations.
Coaching and Preparation
In the face of official investigations and enquiries Directors will certainly require their own professional representation, and skilled coaching for the line of questioning that we know from our experience of handling D&O claims they are likely to be subjected to. CorporateGuard provides the funds for this to ensure that clients are as well prepared as possible.
CorporateGuard covers a range of regulatory enforcement measures, including Directors’ personal liabilities for corporate taxes and civil fines and civil penalties awarded against directors. It also includes specific protection in respect of the US Foreign Corrupt Practices Act and UK Bribery Act.
Health and Safety
Directors’ exposure to occupational health and safety legislation is reflected in the wide coverage CorporateGuard provides for bodily injury and property damage, which includes directors’ defence costs, and last resort personal liability cover.
CorporateGuard provides specific coverage for Directors in the face of shareholder activism.
Pressure on boards from stakeholders includes more scrutiny of Directors’ fulfilment of their fiduciary duties, their business strategies, their effective deployment of assets and their investment in innovation. There can be reputational implications for directors at the receiving end of shareholder publicity campaigns while the possibility of European shareholder class actions looms on the horizon. CorporateGuard can respond in several ways:
CorporateGuard provides the costs of professional PR services. They will work exclusively with an individual director to protect their reputation from any negative press, negative social media or other content questioning their fiduciary integrity.
Special Excess For Non-Executive Directors
Our ring fenced limits of liability for Non-Executive Directors, gatekeepers of the governance of the boards they sit on, makes sure they have dedicated protection - no matter how many claims and losses are made by any of the other insureds covered by the policy.
CorporateGuard has specific provisions to take the initiative to minimise the risk from potentially damaging situations. With our long experience of D&O claims we know the value of such proactive measures to anticipate and head off potential claims against directors.
WCAM Securities Settlement Advisory
CorporateGuard covers the costs of expert legal opinion to inform on the Dutch legal framework available for global securities settlements. Cover is provided to help anticipate developments should a securities claim be bought against the company by multiple parties anywhere in the world.
CorporateGuard has specific provisions to help protect directors in challenging economic environments.
In a challenging European economy the behaviour of Directors before a business insolvency will be scrutinised. Liquidators will try and maximise the proceeds of the bankruptcy, bringing claims against culpable directors for mismanagement or fraud which could in turn expose directors to possible investigation, disqualification proceedings and civil actions from investors to recoup financial losses. CorporateGuard provides several areas of cover to address these risks:
Insolvency Hearing Costs Cover
CorporateGuard provides funds to ensure that Directors are aware of their duties to creditors as the company approaches the “zone of insolvency”.
We cover directors’ personal liabilities for the insolvent company’s unpaid corporate taxes, which might be awarded against them after the company has entered administration.
US Bankruptcy Actions
CorporateGuard provides customised cover that recognises the intensity of Directors’ potential exposures to US bankruptcy litigation and the varied nature of potential claimants.
CorporateGuard covers securities claims – recognising the increasing difficulties of making representations to the investment community, and the resulting exposures to the Directors involved.
CorporateGuard is equipped to protect Directors across varied, developing and challenging overseas jurisdictions.
Multiple international exposures
Different countries’ liability regimes reflect their national cultures and priorities, and businesses’ international expansion multiplies their management’s exposures to these diverse legal and regulatory environments. As a leading global D&O insurer, we are very experienced in handling these multiple exposures on behalf of our clients, reflected in the service and cover we provide with CorporateGuard:
Global Claims Excellence
We have D&O claims handlers in more offices worldwide than any other insurer. Our clients benefit from a vast global pool of expertise about local D&O claims policies, practices and the best expert representation in overseas jurisdictions.
We have a long established presence in all emerging market countries. We also have presence and expertise in handling an increasing numbers of D&O claims from emerging economies such as Columbia and Argentina (often involving part state-owned companies), Eastern Europe (including claims relating to currency fluctuations), South Africa and Turkey – to name a few.
Detention, Confiscation and Extradition
CorporateGuard protects Directors facing official detention, asset seizure, extradition, or deportation and covers the costs of defending these proceedings. We also provide emergency personal expense funding in case of confiscation orders.
Most Favourable Foreign Coverage
Not only does CorporateGuard deliver worldwide protection but we also provide the most favourable locally provided coverage we can. If a standard AIG policy locally offers better cover than CorporateGuard, we will apply the local terms.
International Programme Capability
On the back of our global presence we offer an unmatched capability to set up international programs with underlying local policies. Such programs, combined with the “Any One Claim” provision of the Master Policy, provide a locally attuned whilst globally integrated international solution for directors.