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QUESTIONS RELATING TO D&O INSURANCE WHICH YOU SHOULD NOT BE AFRAID TO ASK ON BEHALF OF YOUR CLIENTS FRANCIS KEAN, EXECUTIVE DIRECTOR WILLIS LIMITED 13th SEPTEMBER 2012

QUESTIONS RELATING TO D&O INSURANCE WHICH YOU SHOULD NOT BE AFRAID TO ASK ON BEHALF OF YOUR CLIENTS…

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WHAT ARE YOUR CLIENTS INSURED FOR? Wrongful Acts giving rise to a claim Investigations  Formal or Official  Required attendance  Are any investigations excluded?  An alternative approach  Beware of the extras

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Page 1: QUESTIONS RELATING TO D&O INSURANCE WHICH YOU SHOULD NOT BE AFRAID TO ASK ON BEHALF OF YOUR CLIENTS…

QUESTIONS RELATING TO D&O INSURANCE WHICH YOU SHOULD NOT BE AFRAID TO ASK ON BEHALF OF YOUR CLIENTSFRANCIS KEAN, EXECUTIVE DIRECTORWILLIS LIMITED13th SEPTEMBER 2012

Page 2: QUESTIONS RELATING TO D&O INSURANCE WHICH YOU SHOULD NOT BE AFRAID TO ASK ON BEHALF OF YOUR CLIENTS…

WILL YOUR CLIENTS HAVE ANY PROTECTION WHEN A CLAIM IS MADE? Non disclosure

Claims made

Retirement/ resignation

The right limit?

Page 3: QUESTIONS RELATING TO D&O INSURANCE WHICH YOU SHOULD NOT BE AFRAID TO ASK ON BEHALF OF YOUR CLIENTS…

WHAT ARE YOUR CLIENTS INSURED FOR?

Wrongful Acts giving rise to a claim

Investigations Formal or Official Required attendance Are any investigations excluded? An alternative approach Beware of the extras

Page 4: QUESTIONS RELATING TO D&O INSURANCE WHICH YOU SHOULD NOT BE AFRAID TO ASK ON BEHALF OF YOUR CLIENTS…

DOES YOUR CLIENTS’ D&O POLICY WALK THE WALC?

Wrongful Act

Loss

Claim

Page 5: QUESTIONS RELATING TO D&O INSURANCE WHICH YOU SHOULD NOT BE AFRAID TO ASK ON BEHALF OF YOUR CLIENTS…

SOME OTHER TRICKY COVERAGE ISSUES

Conditions precedent

Claims conduct and control

Separate legal representation

Allocation disputes

Coverage for fines and penalties

Dispute resolution mechanism

Follow on/ satellite litigation

Page 6: QUESTIONS RELATING TO D&O INSURANCE WHICH YOU SHOULD NOT BE AFRAID TO ASK ON BEHALF OF YOUR CLIENTS…

HOW DO I RECOMMEND THE BEST POLICY FOR MY CLIENT?

Who is my client?

What does he/she/it want?

Find a good broker

Consider DARCstarTM

Page 7: QUESTIONS RELATING TO D&O INSURANCE WHICH YOU SHOULD NOT BE AFRAID TO ASK ON BEHALF OF YOUR CLIENTS…

ANY MORE QUESTIONS?

Email:[email protected]

DARCstar:https://welcome.willis.com/finexeventcalendar/Shared Documents/PDF Uploads/DARCSTAR Brochure.pdf

Willis Wire Blog:http://blog.willis.com/author/franciskean/