E&S Management Liability

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.

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.

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 The minority shareholders filed a lawsuit alleging that the company’s value was misrepresented due to the outdated valuation, and that it had already fielded acquisition offers over $10m.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.