Corporate Management Insurance

In the event of a shareholder class action, one of the most costly and time-consuming pieces of litigation that a listed organisation can face.

Key Features  

• Broad cover for any written demand or proceedings seeking compensation for any error or omission by the company regarding any laws or regulating securities.
• Ring-fenced exposure - option to purchase a separate limit for company securities and for D&O.
• Derivative demands - covers the company for costs associated with derivative demand hearings and defence costs in seeking the dismissal of any derivatives suit against any manager.
• Interpretive counsel – defence costs includes cost of an Australian counsel to interpret and apply advice regarding global securities settlement procedures.
• Share our experience - option to have AIG present to the insured’s board of directors on AIG’s experiences in handling securities investigations and class action litigation.

Direct coverage for directors and officers for third party claims where the company is unable to provide indemnity, or where traditional insurance programs are unable to respond, or where the limit of an underlying insurance program has been exhausted.

Key Features  

• Difference in conditions - cover in the event that the loss is excluded under an insurance program, or an underlying insurer refuses or is unable to indemnify.
• Underlying match assurance - loss is extended to include unindemnified loss provided by the primary policy.
• Many D&O section coverage highlights are also included.

Protection for both individuals and the business against the costs associated with the unintentional breach of an Australasian statute, including defence costs, fines and penalties (where insurable by law).

Key Features  

• Cost awards – cover for an official body’s legal costs awarded against the Insured Entity by a court.
• Broad cover – includes cover for many relevant Australasian statutes, and includes coverable strict liability offences which are excluded under many other policies.

Broad cover with no expiry date for companies and key stakeholders involved in prospectus claims.

Key Features

• Includes investigations and critical regulatory events, and includes claims arising from the prospectus document and statements made in road shows.
• Lifetime cover - no expiry date, available for key stakeholders on a ‘Lifetime’ basis
• Ring-fenced exposure - document-related exposures addressed on a separate standalone policy. We are also able to note multiple documents on the one prospectus policy.
• Many D&O section coverage highlights are also included.

Covers the liabilities of directors of a company that has been through a change in control.

Key Features  

• Broad cover – management liability and management investigation costs for matters occurring prior to the sale date, irrespective of any other indemnification available to the insured.
• ‘Lifetime’ cover – no end date in recognition that not all claims can be statute barred.
• Protection from successor entity claims - cover is also available for claims made against managers by successor entities, and includes claims relating to representations and warranties made by the manager in the document connected with the transaction.
• Many D&O section coverage highlights are also included.

Cover for costs arising from claims relating to employment practices litigation and Fair Work Australia claims.

Key Features  

• Broad definition of employment practices liability - cover for the company for any liability with respect to employment or prospective employment.
• Entity protection against third party liability for commercial institutions - cover for harassment of or discrimination against any third party.
• Broad definition of employee – from directors through to seasonal or temporary workers, work experience individuals and independent contractors, including volunteers. 
  
• Workplace assault - covers PR consultant and counselling costs where an employee assaults another employee at the insured’s premises or at an event sponsored by the customer.

Broad cover for the trustees of superannuation plans against third party claims.

Key Features  

• Broad definition of corporate superannuation trustee liability - entity cover for liability with respect to a superannuation plan.
• Broad definition of plan - cover extends to merged, transferred or terminated plans prior to or after inception, and plans created or acquired after inception.
• Exoneration cover - reimbursement is provided to the plan if it is required to indemnify a trustee for a wrongful act pursuant to an exoneration clause in the trust deed.
• Entity protection against increasing regulatory scrutiny - provides protection for ombudsman and superannuation regulator awards where there is a finding of culpability as determined by an official body against the trustee.
• Entity protection against loss of documents - cover for costs associated with replacing or restoring documents.

Tailor-made solutions to address the increasing risks of kidnap, ransom, extortion and wrongful detention, including risk prevention, incident response and financial cover.

Key Features

• Access to NYA International, a leading specialist crisis prevention and response consultancy. NYA provide an immediate response in the event of a crisis and remain engaged until a successful conclusion is reached, informing and advising the client’s team or family throughout the duration of the incident.
• Global coverage – the Kidnap and Ransom section covers all parts of the world.

Protects the company against financial losses resulting from a wide range of crises, including PR assistance to rebuild brand reputation.

Key Features

• Social media – includes protection to mitigate damage to company reputation following negative social media commentary on alleged business practices.
• Company protection against investor scepticism - a delisting crisis, an unsolicited takeover bid, or cover for commercial institutions for a share price crisis.

Comprehensive protection against financial losses resulting from criminal activity, plus pre-loss consultancy services to identify and remedy any areas of vulnerability.

Key Features  

• Protection for goods for which the company is legally liable, including money, negotiable instruments or other property that the company has in its care, custody and control.
• Broad cover with no improper personal gain trigger.
• Added protection through a wide range of extensions, including cover for:
  • further losses by using an investigative specialist
  • reconstitution costs
  • legal fees
  • identity fraud
  • interest due or receivable
• Pre-loss services with Ernst & Young – full review of internal controls to identify areas of weakness, plus recommendations to reduce the potential for fraud.

Provides increased limits of liability over your primary insurance cover, ensuring experience and capability throughout the program.

Key Features

• Other insurers can adopt our Gold Complete policy wording – providing consistency across the terms and conditions and reducing gaps in cover.
• Broad cover - the section also specifically notes that the excess policy shall recognise erosion of an insurance program though:
  • payments by any excess insurer; or
  • any excess insurer being found legally liable by any court; or
  • by any other party making payment in lieu of the excess insurer.

Ensures cover for defence costs and other expenses should the policy be subject to a covered statutory charge on the insurance fund.

Key Features

• Triggered by any covered statutory charge that would affect the insurance fund – no need for the covered statutory charge to be threatened by plaintiff or for a judicial declaration.
• Sits seamlessly with existing Gold Complete sections, providing defence costs and all expenses including PR expenses.
• Single retention - is payable under both this section and the other applicable section(s) for a claim.
• Reimbursements - the Costs and Expenses section is reimbursed if the main sections are not exhausted, allowing this module to be reinstated to deal with any subsequent matter.