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E&S Management Liability

Protection for private companies and non-profit organizations from today’s growing risks

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    Today’s businesses and non-profit organizations face increasing risks in our changing market, from an escalation in lawsuits targeting executives, to employment-related offenses, mismanagement, ERISA-related claims, fraud, theft, and more. Through its  A+ rated carriers, Munich Re Specialty

    makes available to its select wholesale brokers best-in-class E&S Management Liability solutions that deliver critical, closely tailored coverage to help meet clients’ toughest challenges.

    Comprehensive coverage

    • Directors and officers (plus entity): Protects individuals from personal losses arising out of serving as a director or officer of a business or organization and protects the entity as well.
    • Employment practices: Protects the company or organization from losses arising out of employment-related offenses such as wrongful termination, harassment, discrimination, whistleblower retaliation, and other offenses.
    • Fiduciary: Protects the entity and insured persons from losses arising from ERISA or ERISA-related type claims, mismanagement, and legal liability.
    • Crime: Protects the organization’s balance sheet from fraud and other dishonest acts by employees or third parties. 

    Powerful advantages for your clients

    Highly-customized coverage – Creative, tailored coverage to meet even the most complex client needs

    Best-in-class underwriting – Deep expertise and a commitment to delivering innovative, value-added solutions

    Superior claims service – Our in-house claims team includes attorneys with strong analytical and problem-solving skills, and deep backgrounds in legal strategy and litigation management

    Strengths of our A+ carriers – Financial stability and capacity 

    Management Liability coverage details

    Up to $10m limit, including Excess and A-side coverage

    Directors & Officers (plus entity)

    Employment Practices

    Fiduciary

    Crime

    Excess coverage

    A-side coverage

    Duty to defend

    Punitive damages (where insurable by law)

    Automatic coverage for subsidiaries

    Defense cost allocation 100%

    Automatic acquisition threshold 100%

    Non rescindable

    Liberal reporting requirements

    A+, XV (Superior) AM Best financial strength rating

    We also offer policy forms with market competitive terms and conditions.

    Target classes

    Broad range of classes, including, but not limited to: 
    Consulting
    Hospitality
    Manufacturing
    Real Estate
    Non-Profit
    Retail
    Service Industry
    Technology
    Wholesalers

    Employment loss prevention resources for insureds

    A well-informed company is in a better position to address employment issues before they turn into litigation. 

    To help insureds stay on top of the latest employment laws, regulations and trends MRSI offers MyEPLLossPrevention.com, a dynamic employment risk management portal that includes web-based training and online resources on current employment issues. This is included with primary Employment Practices Liability policies at no additional charge.

    Insureds can receive:

    • Alerts, articles, and publications on employment exposures
    • Online training modules on employment practices
    • Model employment forms and policies
    • The Best Practice Help Line
    • …and more

    * Insureds who purchase a primary MRSI E&S Employment Practices Liability policy will receive information on MyEPLLossPrevention.com in their coverage binders. Check out MyEPLLossPrevention.com for a preview of what insureds can receive.

    Claims scenarios

    D&O — A disputed company valuation

    A retail company’s minority shareholders wanted to sell their shares, which the company offered to buy out based on a valuation of $10m that was done two years prior. The next year, the company agreed to an acquisition offer at a $50m valuation. The minority shareholders filed a lawsuit alleging that the company’s value was misrepresented due to the outdated valuation, and that it had already fielded acquisition offers over $10m. 

    Employment Practices Liability — Accusation of wrongful termination

    A company in the service industry received a complaint from one of its customers alleging that its Executive Vice President of Sales (EVP) made unwarranted sexual advances toward one of its employees and threatened to terminate the business relationship unless the EVP was fired. The company’s CEO fired the EVP for gross misconduct as per the EVP’s employment contract. The EVP filed suit against the company and the CEO for wrongful termination and breach of employment contract, alleging that the company did not follow an internal employment policy to investigate allegations before termination, and that the CEO had an ulterior motive for terminating his employment, given the EVP had a large bonus coming up. The EVP demanded over $3m in damages for lost wages/bonus and reputational injury.

    D&O — Price-fixing investigation

    A manufacturing company received an investigative order from the state attorney general’s office centered around whether the company conspired with its competitor to control product pricing. After an 18-month investigation, there was no finding of price fixing by the company or its competitor. However, the manufacturing company incurred $750k in defense expenses to respond to the investigation.

    Our underwriting team stands ready to deliver creative solutions to clients’ complex coverage needs and to providing service excellence, flexibility, and fast responses (even if it’s a no). We are dedicated to building relationships based on trust and transparency.

    * This link is provided as a convenience and for informational purposes only. Munich Re bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content.
    Contact our experts
    Marcia Blanco
    Marcia Blanco
    Head of Financial Lines
    E&S Underwriting
    nan-murphy
    Nan Murphy
    Underwriting Manager
    Wennmacher Corey
    Corey Wennmacher
    Vice President
    Ryan Honyotski
    Ryan Honyotski
    Assistant Vice President
    Courtney Peters
    Courtney Peters
    Vice President
    Shannon Wallace
    Shannon Wallace
    Assistant Vice President

    About Munich Re Specialty

    Munich Re Specialty – North America products and services are offered by and provided through insurance companies and producers/surplus lines brokers that are eligible or licensed in accordance with the laws and regulations of individual jurisdictions. Products and services are not available in every, and may vary by, jurisdiction. The information provided on this site is intended as general information only and does not constitute an offer to sell or a solicitation to purchase insurance or non-insurance products and services. Please be aware that the insurance policy and not any information provided on this site will form the contract between the parties thereto, and will govern in all cases. Munich Re Specialty – North America’s insurance products and services in the United States, Canada, and the United Kingdom are underwritten and provided by or through one or more of the insurers, producers/surplus lines brokers that are members of the Munich Re Group identified below. Each company is financially responsible only for insurance policies it has issued.

    For more information on MRS, including licensing, regulatory-required, and other information on the operating companies, please click here.