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Article | FINEX Observer

FINEX Observer: Fall 2019 Directors and Officers Edition

Financial, Executive and Professional Risks (FINEX)

November 18, 2019

A publication highlighting the latest trends and developments impacting financial, executive and professional risks.

Welcome to the Fall 2019 Directors and Officers edition of the FINEX Observer. Written for today's global risk managers, general counsel, board members and executives, the FINEX Observer shares our insights into noteworthy trends, developing concerns and, most importantly, opportunities that are hidden in the financial and executive risks of today's global business environment.

In this issue, our authors examine the excess D&O market for public companies as well as the hardening marketplace in general. Also, we'll discuss the implications for broadening the definitions of claims in D&O policies as well as the need for private companies to understand SEC enforcement. Lastly, we'll highlight insurance coverage for civil investigative demands.

Title File Type File Size
FINEX D&O Observer Fall 2019 PDF 6.5 MB

Table of Contents

  1. Excess D&O for public companies: No longer an afterthought

    By Lisa Spiller

    There has been much discussion and awareness of the firming of the public company directors and officers (D&O) liability insurance market. A relatively recent twist to this discussion is what is happening specifically in the excess D&O market.

  2. Insurance coverage for civil investigative demands

    By Charles J. Madden, III

    Civil investigative demands (CIDs) are demands to produce documents, answer interrogatories and provide written reports.

  3. Broadening definitions of claim: Be careful what you wish for

    By John D. Shugrue, Reed Smith LLP

    As the song in the famous musical says, "No good deed goes unpunished." In the D&O coverage arena, this statement aptly can be applied to characterize the sometimes unfortunate (and always unintended) negative consequences on coverage of the broadening of the definition of claim and inclusion of coverage for certain pre-claim matters in D&O policies.

  4. A roadmap to navigating the hardening D&O marketplace

    By John M. Orr

    For risk professionals not experienced in a hardening market, this primer helps make sense of conditions and gives guidance in mitigating impacts on their organizations.

  5. SEC enforcement is not just a public company concern: What private companies need to know

    By Nicholas Bolton

    Private companies are subject to SEC oversight too, and this has implications for your D&O policy. Regardless of a company's status as publicly traded or privately held, the SEC has authority to investigate all companies that seek to raise capital from U.S. investors.

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