Lead Side-A D&O: "A-Sure"

    “Side A” protection exclusively for the individual directors and officers has become a critical component of a company’s D&O protection portfolio. Designed to respond for loss incurred by individuals that are not indemnifiable by the company, Side A-only protection is typically put in place over a “traditional ABC” D&O program. Our policy, ORUG-93 (“A-Sure”), provides both excess Side A limits and the important “Difference in Conditions” provision when the traditional program fails or refuses to respond to loss for any reason.

    Policy features (ORUG-93):

    • “All peril” approach / broad “Difference in Conditions” coverage.
    • No definition of application or reliance provision.
    • Liberalization provision of the Insuring Agreement.
    • Only one policy exclusion: Conduct Exclusion, which does not apply to Defense Expenses, and is only triggered by a final non-appealable adjudication in the underlying proceeding.
    • No exclusions for Independent Directors.
    • Automatic reinstated Limit of Liability for Independent Directors.
    • Double reinstatements available for unrelated claims against Insured Persons.
    • Broad definition of Claim, including Insured Person Inquiry and related document production.
    • Broad definition of Loss.
    • Full severability of the Cooperation Clause.
    • Blanket Outside Directorship extension.
    • Fully non-rescindable, other than for non-payment of premium.
    • Simplified policy administration for the customer:
      • No reporting requirement for created or acquired subsidiaries.
      • Defense Expenses advanced on a current basis within 45 days of invoices.
      • Non-cancellable, other than for non-payment of premium.
      • 180-day window following policy expiration to give Notice of Claim or Inquiry.
      • 60 days grace to elect and pay for an Extended Reporting Period.

    Capacity: Up to $25,000,000; can be in addition to any “ABC” participation.

    Eligibility: All U.S. public and private companies.

    Download Lead Side-A "A-Sure" Sell Sheet

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    Information shown is subject to change at any time and without notice. Please refer to policy form for full details of coverage terms and conditions. Policies are underwritten and issued by Old Republic Insurance Company.

    Products may not be available in every state. State variations may apply. Specific state-required endorsements may modify the terms of the standard policy form.

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