Association
Professional Liability
If any of these
key coverages and policy features are missing, your non-profit
D&O coverage may not have the protection you need.
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We developed the Non-Profit D&O plan only
after careful study of the legal and administrative issues
surrounding non-profit organizations. Each of these key coverages
reflects the realities you face every day.
Covers all
directors, officers and employees, including staff, volunteers
and committee members.
Other D&O policies
only may cover officers and directors. This is an unrealistic view
of the non-profit environment, where exposure to litigation
about administrative decisions can extend throughout an
organization.
Defense
expenses reimbursed on a current basis, or, if applicable,
duty-to-defend. Employment practices legal
actions often require a quick response. Either of these features
allows you to mount an immediate and vigorous defense. Under the
reimbursement coverage, legal costs are paid as they are incurred
and under duty-to-defend coverage, the insurer will retain and pay
your defense counsel.
Entity
coverage. Traditional D&O policies
only cover lawsuits brought against individual directors and
officers. However there is a growing trend toward legal
actions being taken against the organization itself. Another
variation is a single lawsuit brought against the
organization, entity and individual employees. If the
D&O policy does not include entity coverage, any claims
against the organization itself will not be covered.
Reflecting yet again the real world of non-profit D&O
exposures, we have the ability to offer entity coverage as an
affordable extension to our policy. Entity coverage comes with
a Contractual Exclusion which spells out the exposures the
D&O policy does, and does not, cover.
Coverage
for wrongful termination and employment-related practices.
The basic form provides this
coverage for insured people, including defense expenses. It's
extendable by endorsement to include both entity and emotional
distress coverage.
Prior
acts coverage (no retroactive date restrictions). Other policies may include a
specific retro-date that limits the insurer's coverage of
prior wrongful acts. By simply eliminating the retro-date, our
D&O provides coverage for acts as early as the
organization's creation.
Non-cancelable
by the insurer. Our policy explicitly states
that once the premium is paid, it can only be canceled by the
insured.
Provides
coverage for claims brought by insured people. Other D&O policies
exclude claims brought by insured people since most
non-profit D&O actions stem from employment-related
disputes, eliminating this exclusion provides for greater
protection than available from policies containing this common
exclusion.
Broad
discovery option. Other D&O policies
restrict the discovery option to cases where the insurer
cancels or non-renews. Our D&O allows insureds to elect discovery
even when the insured itself cancels or non-renews coverage.
(This option is commonly referred to as bilateral discovery.)
This description of coverages
is intended as a general overview and does not represent how
directors and officers liability coverage or other coverages will
respond in every situation. Please read all policy language
carefully for coverage terms and conditions.
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Copyright©
2001 Forrest T. Jones & Company
Updated October 08, 2002
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For comments or questions regarding the Web site, sstone@FTJ.com
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