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Article | FINEX Observer

FINEX Observer

Spring 2019 Edition

Corporate Risk Consulting|Financial, Executive and Professional Risks (FINEX)|Insurance Consulting and Technology
Insurer Solutions

May 29, 2019

A combination of EPL and D&O recent and emerging trends and issues backed by Willis Towers Watson and third party research.

Welcome to the Spring 2019 edition of the FINEX Observer. This edition highlights the recent and emerging trends in directors & officers liability (D&O), employment practices liability (EPL), wage and hour liability, and includes Willis Towers Watson’s proprietary claims data.

In this edition, we begin with an overview of “social accountability” risk and how it can be managed and transferred. This is an area of risk that has an impact on both EPL and D&O claims and coverage. We also provide an update on the ever-evolving topic of pay equity as well as wage and hour exposure and take a closer look at the health care industry, which has been the center of increased claims activity both from an EPL and D&O perspective. We start with a review of the claims data and turn our focus to the False Claims Act, which continues to present issues for this industry. Finally, we present a “Coverage Review” corner where we take a closer look at D&O coverage for Foreign Corrupt Practices Act claims.

  • Social accountability risk

    Social accountability, fueled by social media, can have a material, immediate impact on a company and its directors and officers. Take action to better identify, assess, mitigate and transfer this risk.

  • FINEX Spotlight: Health care industry

    As evidenced by our recent Willis Towers Watson claims data, it is clear that EPL and D&O claims activity continues to increase in the health care industry.

  • Pay equity and wage and hour exposure

    Organizations with 100 or more employees will now have to report to the EEOC data about how much workers are paid — by September 2019. Wage and hour litigation has outpaced EPL claims. The number of FLSA filings in Federal Court have remained high since 2011.

  • Coverage review corner: The interplay between the Foreign Corrupt Practices Act (FCPA) and D&O insurance

    Companies spend millions of dollars annually to ensure that they are in compliance with the FCPA. If, however, an investigation is made, companies should review their D&O policy to determine whether coverage exists to offset the costs.

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Table of Contents


  1. Assessing, managing and transferring “social accountability” risk

    May 29, 2019

    Read the article


  2. FINEX Spotlight: Health care industry

    May 29, 2019

    Read the article


  3. Pay equity and wage and hour exposure

    May 29, 2019

    Read the article


  4. Coverage review corner: The interplay between the Foreign Corrupt Practices Act (FCPA) and D&O insurance

    May 29, 2019

    Read the article


Contacts

Talene M. Carter


Lisa N. Sheldon