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D&O Side A Excess

D&O Side A Excess

Having corporate Directors' & Officers' (D&O) Liability cover and Side A cover with the same insurer can leave directors and officers wide open to financial exposure; for example, if the insurer denies liability under the corporate D&O Liability policy, or, worse, becomes insolvent.

When structuring D&O Liability cover, it may make sense to keep Side A cover with an insurer who is not a major player in the corporate D&O programme.

At a glance:

  • Provides difference-in-conditions cover which may provide protection when the:
    • claim is not covered by the underlying corporate D&O policy;
    • corporate D&O insurer(s) is insolvent; or
    • corporate D&O policy is rescinded by the insurer(s)
  • Fills potential gaps in corporate D&O cover
  • Limits exhaustion peace of mind: a policy limit is set aside exclusively to cover claims made if the corporate D&O cover limit is depleted from paying previous claims.
     
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