Fiduciary Liability for Growth & Middle Market businesses

Overview

In today’s legal and economic environment, every organization must act prudently to protect its directors, officers and fiduciaries. Arch Insurance has a state-of-the-art Fiduciary Liability Insurance Policy coupled with the Arch Essential Fiduciary Enhancement Endorsement® to protect these individuals, employee benefit plans and its sponsors from the evolving and complex exposures of ERISA.

Our team of underwriting professionals have extensive experience in evaluating ERISA exposures and offer creative and customized solutions for all companies in all industry segments. Our underwriters evaluate and analyze the risk factors for each account and tailor their underwriting approach to identify, manage and charge appropriately for exposures particular to each insured.

Customer Profile

Public and private companies in all industry segments including multiple employer trusts and multiemployer plans.

Distribution

Select retail and wholesale producers.

Capacity

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

Financial Strength

  • A.M. Best: A+ XV.
  • S&P: A+.
  • Fitch: A+.
  • Moody’s: A2.

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

  • Competitive policy form and rates.
  • Non-cancellable policy (other than premium payment).
  • Duty to defend policy with an option for the insured to assume defense.
  • No panel counsel.
  • Covers claims against insureds for wrongful acts by other persons when the insureds are legally responsible for such acts.
  • Automatic Voluntary Settlement Program and HIPAA coverage (subject to sublimits).
  • Broad definition of loss.
  • Liberal notice and reporting provisions.
  • Bilateral extended reporting provision.
  • Broad severability.
  • Arch Essential Fiduciary Enhancement Endorsement® offers:
    • Coverage for fact finding investigation and procedural appeal.
    •  Affirmative defense costs coverage for insureds acting in a settlor capacity.
    •  Enhanced conduct exclusions providing final, non-appealable adjudication with full severability including defense costs carveback.
    •  Streamlined Priority of Payments language.
  •  Ability to tailor coverage for unions and labor organizations through the Arch Essential Multi-Employer Plan Fiduciary Liability Conversion EndorsementTM.

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 Application with loss history (refer to the Document Library).
  • Audited financial statements and/or Form 5500’s for the five largest pension benefit plans.
  • 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

Fiduciary Application

Download PDF

Dec Page – Fiduciary Policy

Download PDF

Policy Form – Fiduciary Policy

Download PDF