D&O and Management Liability Insurance
Directors and officers face risks to their personal assets from multiple sources. With increased scrutiny by the SEC, the threat of securities class action and derivative lawsuits and rising defense costs, making sure that you have state-of-the-art insurance protection is more important than ever.
If you are a director or officer, you cannot afford to assume that you have adequate protection. You must be engaged in protecting your assets, which includes more than just asking if your company maintains D&O insurance.
Protecting your Personal Assets
The Holland & Knight D&O and Management Liability Insurance Team is ready to assist you in evaluating, negotiating and enforcing your directors and officers (D&O) insurance and other corporate liability insurance policies. Our clients range from Fortune 500 companies to smaller corporations, as well as boards of directors seeking independent assistance with their own D&O liability insurance programs. We provide independent advice, meaning we have no financial stake in the amount of insurance you buy or in the insurers you select. Our only interest is in helping you obtain the broadest coverage possible.
Evaluating and Negotiating Effective Liability Coverage
Our D&O insurance attorneys can help you determine whether your D&O policy provides the best protection available and negotiate for significant policy enhancements that can mean the difference between no coverage and full coverage. We have an extensive library of policies, checklists and available endorsements from every major insurer in the D&O marketplace. Utilizing this library, along with the knowledge gained from reviewing numerous D&O insurance and management liability insurance policies each year and experience from representing insureds in coverage disputes, we work with your broker to help ensure that your policies provide the broadest possible coverage.
Maximizing your Potential Insurance Recovery
The true test of an insurance program is how it responds to a claim. Our team will work with you to best position your claim for maximum insurance recovery. Starting with the decision of whether to put insurers on notice of a D&O claim or a circumstance and continuing through the structuring of a settlement agreement, we can advise you on how to optimize the potential for coverage. We are readily available to advise on issues such as rescission, severability, the applicability of exclusions, and responding to a reservation of rights and/or a coverage denial letter. In order to maximize insurance recoveries and protect your assets, the Holland & Knight D&O and Management Liability Insurance Team works with defense counsel during securities class actions, derivative suits, SEC investigations, bankruptcy proceedings and other civil and criminal suits.