Risk-Can Underwriting Managers

Being on a board of directors carries significant exposure to one’s personal assets, particularly in a challenging economic and regulatory environment. Our Side A Difference in Conditions (“DIC”) policy provides excess coverage for private and publicly-traded organizations and is solely available to the individuals covered by the underlying directors and officers insurance policy.

CFC’s Side A DIC policy responds when indemnification is not available for individual directors and officers, assisting with paying the costs of defending and resolving legal actions against them. The policy functions in the following scenarios:

  • Excess insurance coverage responds when the underlying D&O insurance policy has been depleted.
  • DIC insurance coverage responds when a claim is excluded, there are gaps in an underlying policy, or when an organisation withholds indemnification through legal or financial restrictions.

Coverage Highlights:

  • Broad definition of a claim to include civil and criminal proceedings, extradition proceedings, Wells Notice receipts, and state, local, and federal investigations
  • Broad definition of loss to include fines and penalties associated with the Foreign Corrupt Practices Act, Sarbanes-Oxley Act, and Dodd-Frank Wall Street Reform and Consumer Protection Act
  • Exclusions limited only to fraud and Lloyd’s-mandated war and terrorism exclusions
  • Fully non-rescindable policy form