offering management liability insurance solutions

E&S Management Liability

Protection for private companies and nonprofit organizations from today’s growing risks

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E&S Management Liability insurance protects directors and officers of private and nonprofit business entities from risks and the resulting lawsuits and financial harm. Our non-admitted coverage includes D&O, employment practices, fiduciary, and crime.

Today’s businesses and nonprofit organizations face increasing risks in our changing market. These risks include an increase in lawsuits targeting executives, employment-related offenses, mismanagement, ERISA-related claims, fraud, theft, and more. Our Financial Lines team is a diverse group of experienced, community-oriented underwriters who take pride in serving as trusted advisers to our brokers. With exceptional expertise, we excel in tackling complicated risks through innovative solutions.

Comprehensive coverage

Directors & Officers (plus entity)

Protects individuals from personal losses arising out of serving as a director or officer of a business or organization and protects the entity as well.

Employment Practices

Protects the company or organization from losses arising out of employment-related offenses such as wrongful termination, harassment, discrimination, whistleblower retaliation, and other offenses.

Fiduciary

Protects the entity and insured persons from losses arising from ERISA or ERISA-related type claims, mismanagement, and legal liability.

Crime

Protects the organization’s balance sheet from fraud and other dishonest acts by employees or third parties.

Powerful advantages for your clients

Highly customized coverage

Creative, tailored coverage to meet even the most complex client needs.

Best-in-class underwriting

Deep expertise and a commitment to delivering innovative, value-added solutions.

Superior claims service

Our in-house claims team includes attorneys with strong analytical and problem-solving skills, and deep backgrounds in legal strategy and litigation management.

Strength of an A+ carrier

Financial stability and capacity, ensuring reliable support and backing for all policyholders.

Management Liability capabilities

Target classes

Consulting

Hospitality

Manufacturing

Real Estate

Nonprofit

Retail

Service Industry

Technology

Wholesalers

Coverage details

Up to $10m limit, including Excess and A-Side coverage

Directors & Officers (plus entity)
Employment Practices
Fiduciary
Crime
Excess coverage
A-Side coverage
Duty to defend
Punitive damages (where insurable by law)
Automatic coverage for subsidiaries
Defense cost allocation 100%
Automatic acquisition threshold 100%
Non-rescindable
Liberal reporting requirements
A+, XV (Superior), AM Best financial strength rating

We also offer policy forms with market competitive terms and conditions.

management liability insurance risk coverage details

management liability insurance solutions

Value-added services

A well-informed company is in a better position to address employment issues before they turn into litigation.

To help insureds stay on top of the latest employment laws, regulations, and trends, MRS offers MyEPLLossPrevention.com, a dynamic employment risk management portal that includes web-based training and online resources on current employment issues. This is included with primary Employment Practices Liability policies at no additional charge.

Insureds can receive:

Alerts, articles, and publications on employment exposures
Online training modules on employment practices
Model employment forms and policies
The Best Practice Help Line

… and more

Insureds who purchase a primary MRS E&S Employment Practices Liability policy will receive information on MyEPLLossPrevention.com in their coverage binders. Check out MyEPLLossPrevention.com for a preview of what insureds can receive.

Claims scenarios

D&O: A disputed company valuation
A retail company’s minority shareholders wanted to sell their shares, which the company offered to buy out based on a valuation of $10m that was done two years prior. The next year, the company agreed to an acquisition offer at a $50m valuation. The minority shareholders filed a lawsuit alleging that the company’s value was misrepresented due to the outdated valuation, and that it had already fielded acquisition offers over $10m.

Employment Practices Liability: Accusation of wrongful termination
A company in the service industry received a complaint from one of its customers alleging that its executive vice president of sales (EVP) made unwarranted sexual advances toward one of its employees and threatened to terminate the business relationship unless the EVP was fired. The company’s CEO fired the EVP for gross misconduct as per the EVP’s employment contract. The EVP filed suit against the company and the CEO for wrongful termination and breach of employment contract, alleging that the company did not follow an internal employment policy to investigate allegations before termination, and that the CEO had an ulterior motive for terminating his employment, given the EVP had a large bonus coming up. The EVP demanded over $3m in damages for lost wages/bonus and reputational injury.

D&O: Price-fixing investigation
A manufacturing company received an investigative order from the state attorney general’s office centered around whether the company conspired with its competitor to control product pricing. After an 18-month investigation, there was no finding of price fixing by the company or its competitor. However, the manufacturing company incurred $750k in defense expenses to respond to the investigation.