Management Liability Insurance

Insurance coverage designed to protect your leadership and your organization

Executives are capable of amazing things. Building teams, creating revenue, developing strong products and profitability. They also face unique risks that require a delicate and in-depth approach and need tools and coverages to adequately protect them and the companies they serve. The Gallagher Management Liability insurance and risk management practice is based on our understanding of the special needs of executives. We focus on all aspects of executive liability, including expert management liability insurance placement services, guidance through mergers and acquisitions and are further prepared for the potential connections to cyber liability and employment practices liability. We are prepared to educate clients on the new reality of event-driven D&O claims. We listen, use high-level tools to assess your industry’s environment and produce a custom management liability solution that aligns with your risk exposure and supports your executive team and organization.

Protection solutions for the entire spectrum of management liabilities

For any key management liability exposure or risk, Gallagher has developed an in-depth and broad insurance and risk management practice that encompasses processes, markets and strategies that provide comprehensive protection for executives and their organizations. Our management liability insurance practice is built upon a strong foundation of three key services to deliver truly best in class coverage.

1. Quantitative analysis. With benchmarking and models, we identify where and how large your exposures are, and give you information to help you select the right insurance coverage structure to mitigate future risks.
2. Contract and coverage analysis. We analyze all of your policies and coverages to figure out where you may have gaps in your coverage. We use court cases and business partners in the legal arena to fine-tune our carrier requests and ensure improvements are made.
3. Claims advocacy. Gallagher is a true leader in this process, having a dedicated claims advocacy team that include specialized attorneys that work with carriers and clients throughout the entire claims process to make sure your claims are rightfully paid. In many cases, we are able to get claims paid that other brokers are unable to gain insurance recovery from. This is a key differentiator for Gallagher.

Directors and Officers (D&O) Liability Insurance

Board and officer leadership in any institution faces unique risk and exposures including lawsuits from shareholders as well as employees, competitors, suppliers and the government. Our team is able to construct policies that customize the protection your executives and your organization expect in order to run their business, and we reassess your insurance and risk management needs as business circumstances change.

We are able to provide actionable solutions by monitoring market changes in directors and officers policy provisions. Analysis results are depicted in the Norton-Bastion Index, which shifts depending on new coverage granted or new restrictions prevalent in the market.

With this index as a guide, we can evaluate your Directors and Officers programs and illustrate how your coverage stacks up in the market. The index, and where your company falls on it, provides a solid metric and decision-making tool to board members.

Our D&O quantitative analysis is legendary with models based on thousands of D&O claims and showing a predictive correlation of 93%.

Employment Practices Liability (EPL) Insurance

From sexual harassment to wrongful termination and many other potential employment perils, we have employment practices liability insurance coverage ready to protect against either class actions or single plaintiff claims. Our models (based off a famous Home Depot case) use client data to predict potential exposure and guide our advice on limits. We also use benchmarking and contract analysis to help meet the challenges employers face.

We have both an Employment Practice Liability (EPL) loss database as well as one for Wage and Hour losses. This enables us to model EPL risks in terms of both single plaintiff exposure and discrimination class-action claims, and much more. As the potential size of EPL claims are directly related to the size and diversity of the insured organization, our loss model reveals exposure based on the number of employees, type and mix of employees, and location of operations. We also provide multidimensional EPL benchmarking reports as well as a review of historical claims with EPL losses (or Wage & Hour losses) costing more than $1 million, taken from an extensive database that we initially created in 1997.

Fiduciary Liability (pension and welfare liability) Insurance

We work with corporations to help protect their ERISA Fiduciaries and fiduciary committees and any key personnel working on 401-k or pension plan designs and implementation for their employees and retirees. We have proprietary models to measure risk and assist in limits selection.

Employee Dishonesty (crime) and Fidelity Bond Insurance

We use a proven methodology to uncover the right coverage limits for crime exposure that consists of:

• Peer analysis using industry-leading third-party databases
• Exposure index developed by the Surety Association of America (SAA) in cooperation with the American Institute of Accountants
• Analysis of our clients required bond limits as dictated under the Employee Retirement Income Security Act of 1974 (ERISA)

We also review your coverage to make sure your carrier allows for appropriate treatment of older incidents and uses triggers for insurance that are not too difficult to prove.

Kidnap, Ransom and Extortion Liability Insurance

We offer specialized coverage for executives and employees and their families, whose work and travel put them at risk of kidnapping and possible extortion. This insurance coverage includes highly-trained rescue and security personnel. This coverage is a best practices must for all companies and we can analyze both coverage and carrier response teams that are the essential value of the product. And yes – we can obtain ransomware coverage for you as well.

Cyber Liability Insurance

Beyond our coverage expertise, we have proprietary analytics that analyze your technology, media and professional liability exposures based on your risk profile and risk control techniques. Our analysis takes into account multiple methods, including peer analysis or benchmarking, historical claim loss analysis and a series of complementary quantitative loss models that combine to assess this complex risk. Our models are first of their kind, leading the brokerage industry, which is not surprising given our leadership track record including over 20 years of experience – true cyber pioneers.

M&A Transactional Insurance, including Representations and Warranties and Tax Mitigation Insurance

We provide analysis, custom policy forms and pre-M&A analysis that leads to selection of the best markets for your transaction, and that ultimately deliver customized coverage for buyers and sellers in mergers and acquisitions. We have several dedicated attorneys at Gallagher to assist in the process from start to finish.