Private Companies

RESOLUTE PORTFOLIO^sm for Private Companies is a flexible and comprehensive policy that is available to private commercial companies and financial institutions. Insureds select the coverage section(s) and the limits of liability that most effectively address their particular risk profile. Options include single or multiple coverage sections and separate or combined limits of liability. Portfolio of coverage includes Directors & Officers Liability including Side A DIC, Employment Practices Liability, Outside Directorship Liability, Fiduciary Liability, Crime & Fidelity Coverage, and Errors and Omissions Coverage.

General Highlights

$15,000,000 limit available for each coverage section
Insurer has duty to defend, with minimal restriction of settlement opportunity
Severability of application and conduct exclusions for insured persons
Express domestic partner and lawful spouse coverage
Policy is fully non-cancellable by Insurer, except for nonpayment of premium
Bi-lateral discovery period of up to six years available
Automatic runoff for organizational changes
Thirty-day post-policy reporting
No Alternate Dispute Resolution Process requirement

D & O Coverage Highlights

Full Entity coverage, including Debtor in Possession coverage
Broad Definition of Claim including civil, criminal, regulatory, administrative and arbitration proceedings
Express §§11 and 12 coverage for securities claims
Coverage for costs arising from Shareholder Derivative Demands
Automatic coverage for claims arising from private placements and exempt public offerings; Insurer required to offer quote for other public offerings of securities
Non-rescindable Side A coverage
Order of Payments provision
Punitive Damage Coverage, most favorable venue language
Automatic coverage for new subsidiaries, subject to revenue threshold

EPL Coverage Highlights

Covers the company, executives and employees
Definition of employees includes leased employees andindependent contractors
Express whistleblower coverage included
Automatic coverage for new subsidiaries, subject to employee count threshold
Broad Definition of Claim
Punitive Damage Coverage, most favorable venue language
Third-Party Liability Coverage available for claims brought by customers and clients

Fiduciary Coverage Highlights

Broad definition of plan
Broad definition of claim
HIPAA coverage included; $0 Retention
Voluntary Compliance Programs coverage available; $0 Retention
Non-rescindable coverage for Non-Indemnifiable Loss
Coverage for civil penalties under 502(i) and 502(l) of ERISA and civil fines and penalties imposed by U.K.
ESOP coverage available by endorsement
Order of Payments provision
Automatic coverage for new and acquired plans, subject to asset threshold
Automatic coverage for merged, sold, spun off or terminated plans
Punitive Damage Coverage, most favorable venue language

Crime & Fidelity Coverage Highlights

Broad definition of:
- Insured
- Employee Benefit Plan
- Employee — Includes
  - Terminated employees covered for the first consecutive forty-five (45) days after separation
  - Non-compensated directors, trustees and committee members
  - Non-employee administrators who are providing services to insured-sponsored ERISA plans
  - Part-time, temporary, leased individuals
  - Guest students/interns
Automatic coverage for newly acquired entities, subject to revenue threshold
In the Event of Loss:
- Discovery triggered when Risk Management, General Counsel, Human Resources and/or any corporate Vice President or above has reasonable knowledge or belief
- Loss reporting threshold is equal to or greater than one-fourth (¼) of the applicable deductible amount
Worldwide territory, where permissible by law
Optional coverage features include, Credit, Debit, Charge Card Forgery, Clients Property Coverage, and Investigative Expense Incurred to Establish Amount of Covered Loss

Disclaimer: This coverage is also offered as a Surplus/Excess line.

You must meet certain guidelines to see information about surplus lines. Contact Us to see if you meet these guidelines.