Management Liability Coverage

Economic instability, downsizing, and aggressive regulatory enforcement all combine to increase employers' exposures to Management Liability claims. Trinity E&S provides a variety of coverage solutions for your business owner clients, from large to small. Our markets offer coverage on a primary or excess basis, with a wide array of coverage enhancements

Available Coverages:

Directors & Officers Liability: This coverage is no longer just for publicly-held corporations, as the executives of closely-held firms may also be sued. Recent studies have shown that half of all D&O claimants are other than stockholders, and include employees, competitors, customers, and regulators.

• Admitted and non-admitted carriers
• Each coverage part may have separate limit towers and retention levels
• Coverage is non-cancellable except for non-payment of premium
• Options are available for duty to defend or indemnification forms
• Conduct exclusions have final and non-appealable adjudication language
• Broad definition of insured
• Punitive damages are covered where allowable by law with most favored venue language
• Side A coverage is non-rescindable
• No antitrust exclusion
• Coverage includes a modified 80/20 hammer clause
• Deposition/trial lost wages and expense reimbursement available
• Primary and excess forms are available
• Fiduciary Liability coverage available, protecting insureds against negligence in their capacity as fiduciaries of any employee benefit plan.
• Primary capacity up to $15,000,000
• Excess layers available

Fiduciary Liability: Protects fiduciaries who may be held personally liable for breach of their responsibilities in the administration or handling of ERISA defined employee benefit plans.

• Voluntary Settlement Programs
• Broad Definition of Claim
• Covered Plans Include
  • ERISA
  • Defined Employee
  • Pension & Welfare Plans
  • ESOP Plans
  • Fringe, Excess and Voluntary Plans not subject to ERISA
• Available on a primary or excess basis

Employment Practices Liability:

• Coverage for violation of Federal, State or Local Civil Rights or Anti-Discrimination Law
• "Wrongful Termination" includes constructive discharge
• Immigration Reform and Control Act violations ($25,000 sublimit)
• Wage & Hour law violations ($150,000 sublimit)
• Punitive Damages (where allowed by law)
• Privacy Violations in the event of employee data theft
• Bilateral ERP up to 36 months
• Mutual choice of defense counsel
• Consent-to-settle provisions with soft hammer clause
• Online & telephone-based loss control services
• Primary capacity up to $20,000,000
• Excess layers available
• Minimum Premium: $1,500

Tenant Discrimination:

• Provides protection to property owners and managers against claims brought by tenants alleging some form of discrimination
• Protects against claims brought by current tenants, former tenants and prospective tenants
• Also provides protection against claims brought by tenants alleging violations of the Fair Credit Reporting Act
• Claims made and reported policy; the insurer has the duty-to-defend
• First Dollar Defense, covering fees and expenses incurred in defense of the insured
• Public Relations coverage included for costs associated with publicity expenses necessary to respond to adverse publicity in the media
• Target Classes: Apartments and other residential rental properties, commercial and retail space
• Primary capacity up to $5,000,000
• Excess layers available
• Minimum Premium: $2,000
• Minimum Premium: $1,500

Applications:

Not For Profit Management Liability

For Profit Management Liability

Association Risks Management Liability