Directors & Officers Liability for Growth & Middle Market businesses

Overview

In today’s legal and regulatory environment, every public company must act to adequately protect its directors and officers. Arch Insurance offers a primary policy specifically designed to protect directors and officers from the increasing risk exposures associated with today’s business challenges such as the enacted Dodd-Frank Reform Act. This policy form, Arch Essential D&O®, includes many new and innovative coverage enhancements as detailed below.

Customer Profile

Public companies in all industry segments.

Distribution

Select retail and wholesale producers.

Capacity

Up to $25 million in limits on a primary and excess basis.

Corporate Contacts

Stephen Swartley

CUO, Executive Assurance & Senior Vice President, Growth & Middle Market

+ 1 646 563 6315

[email protected]

Hela Trerotola

Senior Vice President, Growth & Middle Market

+1 631 786 5251

[email protected]

Proud to be recognized as a 2021 5-Star Professional Liability
and D&O by Insurance Business America.

Justin Psaki, EVP Executive Assurance Division and Professional Liability Division, and Marilyn Marshall, EVP Professional Liability, describe Arch’s response to the hard market in D&O, Cyber and Professional Liability and share more about their strategy for 2022.

Our Brand Promise

Pursuing Better Together encapsulates how we do business at Arch Insurance. It is an approach that is based on collaboration, responsiveness and a genuine commitment to continually raising the bar.

It is our promise to our brokers, colleagues and other partners to:

  • Listen, share insights and work together to deliver informed solutions.
  • Build trusting, respectful and responsive relationships.
  • Understand your goals and explore possibilities together.

Key Product Features

Necessary legal and regulatory protections for today’s executives:

  • Inquiry Coverage for Insured Persons in responding to a subpoena, a request to produce a document or to appear for an interview.
  • Insured Person does not have to be a target to be covered.
  • Broad Investigation Coverage includes clarification that no Wrongful Act required to trigger coverage for Inquiries or Insured Person Investigations.
  • Limited Entity vs. Insured Exclusion (in lieu of Insured vs. Insured exclusion) that does not apply to:
    • Defense Costs that are Non-Indemnifiable.
    • Claims brought by trustees, examiners, or assignees thereof in the event of financial insolvency.
    • Claims brought in foreign jurisdictions.
  • Defense Cost Advancement within the Retention if Loss is indemnifiable and the Insured Organization fails or refuses to indemnify within 60 days.
  • Coverage for civil FCPA penalties against Insured Persons for any non-willful violation.
  • Coverage for fees and expenses incurred in facilitating a claw back payment under SOX 304/Dodd-Frank 954.

Broad Organization Liability Protections

Securities Investigation Co-Target Coverage protects the Insured Organization when a securities investigation is also maintained against an Insured Person.

Broad definition of Subsidiary includes all entities while under Management Control, including partnerships.

Claim reporting 180 days after expiration, provided the Insured renews coverage with Arch. 60 days otherwise.

Submission Guidelines

  • Completed D&O Application (which can be waived by the underwriters for renewals and prospective insureds with previous D&O coverage which is still in place) (refer to the Document Library).
  • Please send all submissions to your local underwriter or directly to the appropriate regional contact listed below.

Speak with a Regional Expert

Northeast Contact

Peter Phillips

Vice President, Growth & Middle Market

+ 1 646 563 5871

[email protected]

Texas, Louisiana, Arkansas, Oklahoma and New Mexico Contact

Christopher Logan

Assistant Vice President, Growth & Middle Market

+1 214 438 4025

[email protected]

West Contact

Kirsten K. Slawson

Regional Vice President, Growth & Middle Market

+1 415 490 9618

[email protected]

Southeast Contact

Mitchell Adolphson

Assistant Vice President, Growth & Middle Market

1 404 682 3634

[email protected]

Central Contact

Drew Desmarais

Vice President, Growth & Middle Market

Direct: + 1 312 601 8426

Mobile: +1 631 827 5821

[email protected]

Document Library

Application for D&O

Download PDF

Renewal Application for D&O

Download PDF

Dec Page – D&O Primary

Download PDF

D&O Primary Policy Form

Download PDF