2015 OMNIBUS ENDORSEMENT REFERENCE GUIDE

Transcription

1 MANAGEMENT & PROFESSIONAL LIABILITY INSURANCE PRIVATE CHOICE OVATION 2015 COVERAGE ENHANCEMENTS 2015 OMNIBUS ENDORSEMENT REFERENCE GUIDE COMMON TERMS & CONDITIONS CHANGE Modified definition of Application Modified definition of Interrelated Wrongful Acts Added definition of Effective Time Amended Defense and Settlement provision when Defense is Outside the Limit replaced (E) Amended Interrelationship of Claims provision replaced (C) Replaced XIV Changes in Exposure provision Replaced XVI Application provision SUMMARY OR HIGHLIGHT OF CHANGE The three-year look back limitation on warranties, reps or other statements provided to the Insurer now only applies to non-liability coverage parts Removes goals, motives, methodologies, or causes from the definition Allows specific time of transaction s legal consummation to be utilized ties to Changes in Exposure provisions If policy includes Defense Outside the Limit of Liability the Insured s consent is now required for settlement; it wasn t required under existing wording. Instead, refusal by an Insured to consent now results in a modified 80/20 hammer. Changed language to: Notice given under prior management liability insurance policies Add acceptance of prior notice For (A) Acquisitions or Created Subsidiaries and (B) Mergers: Removes as a condition precedent to coverage statement applicable to new Insureds that are subject to a threshold Modified reporting requirement to 90 day notice or before expiration/termination of term whichever is later Incorporates Effective Time definition For (C) Takeover of Named Entity: Removed 90 day notice requirement Makes policy fully non-rescindable for all coverage parts For D&O, General Counsel no longer imputes to the entity for purposes of determining coverage when Application includes material misrepresentations SECTION MODIFIED V (E) X XIV XVI (2) Prepare. Protect. Prevail.

2 DIRECTORS, OFFICERS & ENTITY LIABILITY CHANGE Replaced definition of Notice Manager Replaced definition of Outside Entity Amended Bodily Injury/ Property Damage (BIPD) exclusion SUMMARY OR HIGHLIGHT OF CHANGE Limits Notice Manager to CEO, CFO, and equivalent positions of the Named Entity Adds 501(c)(4), 501(c)(7) and 501(c)(10) organizations to Outside Entity Adds carveback to BIPD for corporate manslaughter SECTION MODIFIED D&O D&O D&O IV (A) & Adds written standard for demand D&O IV (B) Amended Product/ Services exclusion Replaced Personal Profit exclusion Product/Services Exclusion applies only to Entity Claims (as opposed to all D&O claims). Only available for certain risks. Adds financial standard to advantage gained D&O IV (C) D&O IV (F) and D&O V (C) D&O IV (L) Replaced Fraud exclusion Amended A-Side Reinstatement Limit Adds underlying action wording to final adjudication the underlying action, not subsequent coverage litigation, is held to the non-appealable final adjudication standard A-Side reinstatement available for all claims D&O IV (M) D&O VI (B) and (C) EMPLOYMENT PRACTICES LIABILITY Amended definition of Employment Practices Claim Adds coverage for criminal proceeding outside of the U.S. Amended definition of Employment Practices Wrongful Act Amended Insured Person definition Moves employment-related defamation (including libel and slander) or misrepresentation into independent qualification as an Employment Practices Wrongful Act ( EPWA ) Adds the following, but only when alleged in addition to or as part of an otherwise covered EPWA: Employment-related false arrest or imprisonment Employment-related invasion of privacy Breach of an Independent Contractor agreement Specifically includes Independent Contractors as Insured Person for both insuring agreements removes 30 day written indemnity agreement continued 2

3 EMPLOYMENT PRACTICES LIABILITY (CONTINUED) Replaced Notice Manager definition Amended Bodily Injury/ Property Damage (BIPD) exclusion Limits Notice Manager to CEO, CFO, Human Resources Manager or equivalent positions of Named Entity Adds new carvebacks to BIPD for: Defamation (including libel/slander) or misrepresentation False arrest or imprisonment, invasion of privacy (including an Employee Data Privacy Wrongful Act) when alleged in connection with an otherwise covered wrongful act I (A) (1) and I (A) (4) & Adds written standard for demand I (3) Amended Notice of Claim provision For formal administrative or regulatory proceedings (i.e. EEOC) 180 day notice provision from expiration or termination I (4) I (B) (1) FIDUCIARY LIABILITY Amend Insuring Agreement A Amended Damages Replaced Fiduciary Claim definition Adds Benefit Denial Appeal and Pre-Claim Inquiry to coverage in Insuring Agreement A Adds the following to Damages: Claimant s attorney fees under 502(g) Independent fiduciary fees and expenses $250,000 sublimit for Patient Protection and Affordable Care Act (PPACA) fines/penalties (but no coverage for amounts under 4980H of IRC) Section 4975(a) and 4976(a) IRS penalties up to 15% subject to maximum sublimit of $250,000 Adds the following: UK Pension Authority to coverage for formal administrative or regulatory proceedings Incorporates definitions of Benefit Denial Appeal and Pre-Claim Inquiry Limited investigations coverage including Wells Notice, target letter, or search warrant indicating target of investigation Written request for witness testimony or documents by subpoena but only if in connection with Fiduciary Claim set forth in prior sub-paragraphs (1) (4) FID I (A) continued 3

4 FIDUCIARY LIABILITY (CONTINUED) Replaced Insured Person definition Replaced Insured Plan definition Replaced Notice Manager definition Replaced Settlement Program definition Replaced Wrongful Act definition Replaced Bodily Injury/ Property Damage (BIPD) exclusion Adds coverage for: Overseers of Insured Plans, i.e. oversight committee members Former Insured Persons acting as an advisor or consultant to an Insured Plan, subject to indemnification Adds coverage for group/group type insurance programs, including Health Savings Accounts, subject to terms Limits Notice Manager to CEO, CFO or equivalent positions of Named Entity Adds voluntary settlement program coverage specific to Department of Labor and Pension Benefit Guaranty Corporation settlement programs Added: Selection or oversight of Managed Care Benefits Settlor coverage as respects creation, termination or amendment of an Insured Plan Adds carveback for bodily injury, emotional distress, mental anguish or death resulting from the choice of provider for Managed Care Benefits or denial/delay of benefit under a health plan Notable, carveback does not apply for Insured administered/managed health plans I (A) (1) & Adds written standard for demand I (A) (2) I (A) (3) Replaced Personal Profit exclusion Adds financial standard to advantage gained I (A) (7) Replaced Fraud exclusion Adds underlying action wording to final adjudication the underlying action, not subsequent coverage litigation, is held to the non-appealable final adjudication standard I (A) (8) 4

5 CRIME Replaced Insuring Agreement B Insuring Agreement 2 Amend Limit of Insurance provision Amended definition of Employee Delete Concealment, Misrepresentation, or Fraud provision Amend Changes in Exposure provision Amended Discovery provision Adds Including Credit Cards to Insuring Agreement 2 Forgery or Alteration title Removes legal expenses relative to refusal to pay forged instruments coverage remains, but moves out of Insuring Agreement and into the Limit of Insurance Section Includes coverage for necessary and reasonable legal expenses, with Insurer s prior written consent, for legal proceedings brought against the Insured Entity to enforce payment of a forged document/instrument Includes Independent Contractors who the Insured has the right to direct and control while providing services for it For temporary workers, removes the exclusion relative to temporary workers with care/custody of property outside the premise Deletes provision in its entirety For Mergers and New Subsidiaries: Modified reporting requirement prior to the expiration/termination of the policy or within 90 days of the merger/new subsidiary, whichever is later For purposes of discovery, notice is limited to members of the Risk Management Department, CEO, CFO or equivalent of the Named Entity Crime I (B) Crime Crime Crime VI (C) Crime VI (D) (1) (2) Crime VI (E) (2) Amend Duties in the Event of Loss provision (Reporting) 180 days post discovery for notice and proof of loss Crime VI (H) (1) (3) For more information, visit THEHARTFORD.COM/PCO. This document outlines in general terms the coverages that may be afforded under a policy from The Hartford. All policies must be examined carefully to determine suitability for your needs and to identify any exclusions, limitations or any other terms and conditions that may specifically affect coverage. In the event of a conflict, the terms and conditions of the policy prevail. All coverages described in this document may be offered by one or more of the property and casualty insurance company subsidiaries of The Hartford Financial Services Group, Inc. Coverage may not be available in all states or to all businesses. Possession of these materials by a licensed insurance producer does not mean that such producer is an authorized agent of The Hartford. To ascertain such information, please contact your state Department of Insurance or The Hartford at All information and representations herein are as of October Business Insurance Employee Benefits Auto Home In Texas, the insurance is underwritten by Hartford Accident and Indemnity Company, Hartford Fire Insurance Company, Hartford Casualty Insurance Company, Hartford Lloyd s Insurance Company, Hartford Insurance Company of the Midwest, Trumbull Insurance Company, Twin City Fire Insurance Company, Hartford Underwriters Insurance Company, Property and Casualty Insurance Company of Hartford and Sentinel Insurance Company, Ltd. The Hartford is The Hartford Financial Services Group, Inc. and its subsidiaries, including Hartford Fire Insurance Company. Its headquarters is in Hartford, CT October 2015 The Hartford Financial Services Group, Inc. All rights reserved.