Primary Scope of Coverage
- No presumptive indemnification (coverage applies without any deductible if the entity rightly or wrongly refuses, or is financially unable, to indemnify)
- If an excess policy, there is full Difference in Conditions Coverage if underlying insurance rescinds coverage, wrongfully refuses to cover the loss, is financially unable to pay the loss, is not liable for the loss, or is subject to an automatic bankruptcy stay
- Broad definition of "claim" includes oral or written demands, civil and criminal proceedings, arbitrations, and administrative and regulatory proceedings and investigations
- Broad definition of "claim" also includes formal and informal interviews of insured persons by any governmental or self-regulatory authority
- Broad definition of "entity" includes 501(c)(3) entities sponsored exclusively by the entity and foundations, charitable trusts, or political action committees the entity controls
- Broad definition of "independent director" includes:
- Any person elected or appointed a nonemployee director
- An extension of coverage to spouses and domestic partners of independent directors
- Blanket Nonprofit Outside Position Coverage and scheduled coverage of For-Profit Outside Position Coverage
- Broad definition of "wrongful act" includes service or status as fiduciaries of employee benefit plan sponsored solely by the insured entity
- Broad definition of "loss" expressly includes:
- Punitive, exemplary, and multiple damages when insurable under the applicable law most favorable to the insured
- Loss from claims under Section 11 and 12 of the Securities Act of 1933
- Penalties under the Foreign Corrupt Practices Act
- No express exclusions concerning:
- Employee Retirement Income Security Act
- Pollution
- Defamation or invasion of privacy
- Failure to maintain insurance
- Section 16(b) of the Securities Exchange Act of 1934
- Narrow bodily injury/property damage exclusion:
- Not applicable to emotional distress
- Not applicable to pollution claims, provided that coverage is excess of general liability or environmental liability policies
- Narrow personal profit exclusion:
- Applies only if illegal personal profit established by final judgment or is repaid to entity
- Not applicable to loss from claims under Section 11 and 12 of the Securities Act of 1933
- Not applicable to defense costs
- Narrow deliberate crime or fraud exclusion:
- Applies only if deliberate crime or fraud established by final judgment in any proceeding
- Not applicable to defense costs
- Narrow insured vs. insured exclusion:
- Applies only to claims by or on behalf of the entity if at least two current executive officers approve or assist in the claim
- Not applicable to claims by or on behalf of insured persons
- Not applicable to claims outside of the U.S. or Canada
- Not applicable after named insured has change of control or files bankruptcy
- Not applicable to claims by a bankruptcy trustee, etc.
- Not applicable to defense costs
- Mandatory advancement of defense fees and expenses
- Liberal notice provisions:
- Notice of claim as soon as practicable, not later than 90 days after the end of the policy period
- Notice of circumstances is permitted during the discovery period
- Automatic five-year Run-Off Coverage after named insured acquired, at no additional premium
- No panel counsel
- Nonrescindable
- Broad Subsidiary Acquisition/Creation Coverage:
- Coverage automatic for newly acquired subsidiaries unless assets exceed 20% of entity's assets
- 90-day automatic coverage for subsidiaries that exceed 20% of reporting threshold
- Noncancelable by insured or insurer except for nonpayment, upon 20 days' notice
- Mandatory coverage arbitration, available only at insured's request
Excess Scope of Coverage
- Follows primary policy, but no broader than the most restrictive underlying insurance policy
- No exclusions
- Policy will not drop down due to exhaustion of sublimit, but policy will recognize payment of sublimit
- Follows the underlying policy, designated as 'Followed Policy' for key terms such as:
- Cancellation
- Discovery period
- Notice of claims
- Short policy form - only two pages in length
Contacts
Vice President
212-329-6923
Senior Associate Vice President
212-329-6946
East/South Region
Associate Vice President
678-280-0489
Midwest/West Region
Associate Vice President
312-204-7101
Support
Nationwide's dedicated claims team works proactively to complete a thorough investigation of every claim and aggressively manage the defense of claims to help protect your assets. Our dedicated claims team has the experience and technical expertise in numerous jurisdictions to manage professional liability claims and complex litigation.
Resources
Forms and Applications (PDF)
Marketing Materials