Management Liability Insurance

Deliver Peace of Mind

We are known for fiduciary and management liability expertise, industry-leading thought leadership, unique advocacy and expert claims service.

ENCORE Management Liability

MANAGEMENT LIABILITY INSURANCE COVERAGE

Encore is now expanding beyond its product suite to offer additional management liability insurance coverages for America’s best-managed private and not-for-profit companies.

Directors & Officers Liability

Employment Practices Liability

Fiduciary Liability

Crime Insurance

Encore’s management liability insurance coverage options are backed by the same superior expertise and experience to protect our policyholders from complex liability. Insurance brokers and policyholders deal directly with expert underwriters and claims professional who have decision-making authority to get the best possible management liability insurance protection. We have no layers of bureaucracy. You will deal directly with Encore management liability experts for coverage, claims, and advice.

The Encore Management Liability Value Proposition: Expertise

Built upon our legacy as true experts and thought leaders in management liability, Encore’s creative and entrepreneurial underwriters will craft solutions for leading brokers so that we together can provide a superior management liability risk solution for your clients:

SUPERIOR SCOPE OF COVERAGE: We will provide our insurance brokers and their clients with the best possible management liability insurance protection, and help brokers to explain how this coverage will protect their clients. You will work directly with an expert underwriter with decision-making authority. We strive to be more responsive, especially on complex coverage requests that require expertise and customized coverage solutions.

RISK MANAGEMENT TO HELP COMPANIES MANAGE COMPLEX RISK: Encore policyholders can call management liability, employment practice and fiduciary experts at Encore to get advice on how to manage complex business decisions and avoid pitfalls or potential claims. The Encore difference is our focused expertise on management liability coverages and access to Encore management liability experts.

EXPERT CLAIMS HANDLING: The key Encore difference is the expertise of our claims handling. We have decades of experience in resolving complex management liability claims. We will work proactively to provide the best possible defense to resolve complex claims as efficiently and effectively as possible. Like our underwriting, you will work directly with an expert claims professional who has decision-making authority and expertise. Encore claims professionals will help you hire the right lawyer to resolve any claim cost-effectively.

Private Company & Not-for-Profit Policy Highlights

One complete management liability package for private and not-for-profit organizations.
Flexible limit options available up to $10 million on an individual or shared limit basis.
100% allocation of defense costs if duty to defend coverage.
Flexible defense options by coverage part (i.e., Duty to Defend, Non-Duty to Defend, Optional)
Optional selection of counsel
Newly acquired or created Subsidiaries during the policy period are automatically covered.
Settlement up to 50% of the retention — no consent required.
Reporting and Notice up to 90 Days after expiration of policy period.
All coverages are available on a standalone basis.

Encore Management Liability Coverages

Directors & Officers Liability

Investigative cost coverage resulting from a derivative demand and books and records request.
Pre-Claim Costs up to $50,000
Cyber Event coverage for claim expenses and non-indemnifiable loss.
Employed Lawyers coverage which includes moonlighting and pro bono legal services.
Witness Expenses for insured persons requests.
Asset Protection Costs
Public Relations Costs to mitigate reputational harm.
Additional limit dedicated for insured persons.
Outside Position coverage for an insured person.

Employment Practices Liability

Broad coverage for companies, their executives and employees from discrimination lawsuits and other allegations of employment-related violations
Third-party liability coverage available in our base form for claims brought by non-employees.
Additional Claims expense limits in addition to the aggregate limit.
EPL Crisis Management Expense up to $50,000
Workplace Violence Expenses for threats made anywhere, which are directed at an employee.
Immigration coverage in connection with an immigration investigation.
Sublimit available for costs to defend allegations of wage and hour violations.

Fiduciary Liability

Administrative Mistake Coverage – affirmative coverage for both loss and defense resulting from a mistake in the Administration of a Plan.
ERISA 502(a)(3) Equitable Relief is affirmatively covered.
Broad fines and penalties coverage, including Foreign Jurisdiction Penalties and Misc./Other Penalties (any undefined penalty which is insurable under law)
Full limit for claims alleging breach of fiduciary duty, acts committed in a settlor capacity, and acts committed while acting as a trustee or committee member of a Plan.
Definition of Administration extends to selection of, contracting with, and monitoring of third-party service providers.
Coverage automatically extended to companies which enroll employees in a Health Care Exchange, or which participate in any Multiple Employer Plan (MEP) or Pooled Employer Plan (PEP)
Full limit provided for Pre-Claim Investigations and Interviews requested by any Enforcement Unit
Enforcement Unit includes but is not limited to the DOL, DOJ, SEC, etc.
BI/PD exclusion does not include emotional distress or mental anguish, coverage is carved back for any violation of ERISA or any employee benefit law
Full limit provided for claims alleging a violation of Managed Care Services

Crime Insurance

Loss Discovered policy form.
Investigative expenses for all insuring clauses.
Dedicated Social Engineering Fraud limit.
Coverage for theft caused by all classes of employees and independent contractors.

Claims

Encore provides expert in-house claims service to its management and professional liability insureds. We have decades of industry experience resolving complex claims and are advocates for clients in which we work proactively to manage claims, reduce claims expense, and drive excellent results. We keep defense lawyers honest to prevent litigation waste, and work with law firms who share our results-oriented values.

Carrier

Policies backed by Preferred Professional Insurance Company® and Coverys Specialty Insurance Company, rated “A” (Excellent) by A.M. Best with assets of $3.99 billion and $1.4 billion in policyholder surplus.

We Wrote the Book on Fiduciary Insurance (literally)

We’ve put our fiduciary experience and expertise on paper and online in the “Fiduciary Liability Insurance Handbook,” for you to download and gain insight into why it is so critical that coverage is designed to fit an employer’s or entity’s benefit plan. Obtain your complimentary copy here.

Management Liability Insurance

ENCORE Management Liability