July 27th, 2017

Management Liability Insurance - D&O and EPL Coverage from AMIS Insurance

Management Liability Coverage from AMIS

Mistakes happen! Claims against the directors and officers of privately held companies come from all sides—shareholders, vendors, customers, and employees. They're also exposed to fiduciary claims through pension and benefits management. These lawsuits place enormous strain on day-to-day business and put executives' personal assets as well as company assets at risk. After an extensive review of the marketplace, AMIS/Alliance Marketing & Insurance Services and its partners have developed a policy called Private Accord. The packaged policy includes D&O, EPLI and FLI coverage to protect private commercial companies from the most common sources of lawsuits. You can select the options and coverage limits that fit your client's specific need. We also have add-on crime coverage for protection in the event of employee theft. Private Accord is currently offered on an admitted basis in most states.

Our Basic Coverage and Enhancements Include:

PLEASE NOTE: This information is solely intended to be a summary of policy coverage. Please reference the actual policy for specific terms and conditions. The policy supersedes all representations made here.

Errors in judgment happen.

Directors & Officers Liability Coverage from AMIS

Directors & Officers (D&O) coverage protects the assets of privately held companies as well as the personal assets of executives. That's critical protection considering more and more shareholders are suing board members and senior management to recoup losses, even when there is no evidence of wrongdoing. AMIS/Alliance Marketing & Insurance Services' comprehensive D&O coverage is easily customized to fit even the most complicated exposure. Our policy—backed by the financial strength of our partners and admitted in most states—is available as stand-alone coverage or in combination with Employment Practice Liability and/or Fiduciary Liability.

Our Basic Coverage and Enhancements Include:

  • Non-rescindable A, B and C Side D&O Coverage: Ensures the policy won't be rescinded for any reason.
  • Side A Pollution Carve-Back: Protects management's personal assets in the event of a pollution-based claim.
  • Partnership Liability for LP's and GP's: Extends coverage to the General Partners or Limited Partnerships.
  • From 25% to 100% Credit on Retentions when no Liability is Found: Ensures that your clients don't have to pay for losses for which they're not liable.
  • Derivative Demand Investigative Costs Sub-Limit: Covers costs associated with civil proceedings brought by shareholders.
  • Regulatory Proceedings Coverage: Includes regulatory proceedings or investigations as part of the definition of "claim."
  • Intellectual Property Coverage for "Insured Persons": Protects the directors and officers against allegations of theft of another's proprietary information.
  • Order of Payments for Clause A and B: Includes policy limits which are reserved to pay directors and officers first, before any other funds are released.
  • $0 (nil) Retentions on D&O: Requires no out-of-pocket costs for any D&O-related claim. (EPL coverage must also be purchased to qualify).
  • 100% Defense Allocation: Provides full defense coverage for all allegations in a lawsuit, as long as at least one allegation is covered.
  • IPO "Road Show" Coverage: Provides coverage for representations made leading up to a private company going public.
  • Broad Definition of "Not-for-Profits": Covers D&O's work with not-for-profit entities. Our coverage is not restricted to only certain types of not-for-profits.
  • Non-Cancelable Except for Non-Payment: Ensures the policy won't be cancelled except for non-payment of the premium.
  • 80/20 Hammer Clause: Get an additional 80% back on what you've paid to pursue a risk after a recommended settlement, and win.
  • Domestic Partner Coverage: Protects the personal assets of a spouse or domestic partner under our basic policy form.
  • Multi-Year Extended Reporting Period Options: Offers reporting protection beyond the traditional 12 months.
  • Automatic Sixty-Day Post Reporting Period: Allows adequate time to report events to the carrier.

Miscalculations happen.

Fiduciary Liability Coverage from AMIS

With erratic market ups and downs come increased exposure to fiduciary claims. Companies face many costly exposures including retirement plans, health and welfare benefits plans, pension plans—even company profit sharing plans and ESOPs. AMIS/Alliance Marketing & Insurance Services Fiduciary Liability insurance is specifically designed to protect administrators of employee benefit plans. Unfortunately D&O and EPL policies exclude ERISA violations. That's why companies need Fiduciary coverage to fully protect their benefit administrators and their personal assets from claims. Our comprehensive and easy-to- customize coverage is available as a stand-alone policy or combined with D&O and/or Employment Practice Liability coverage.

Our Basic Coverage and Enhancements Include:

  • $0 (nil) Retentions on Fiduciary: Requires no out-of-pocket costs to you for any Fiduciary related claim. (EPL coverage must also be purchased to qualify).
  • Automatic Coverage for Newly Created or Acquired Plans: Pertains to all health and welfare plans, with 90 days of automatic coverage for all pension plans.
  • Loss Includes Fines and Penalties: Protects against violations of Section 406 and Section 502(I) with a $25,000 HIPPA sub-limit.
  • Investigation and Regulatory Proceedings Coverage: Includes regulatory or proceeding initiated by various governmental bodies as part of the definition of "claim".
  • 100% Defense Allocation: Offers full defense coverage (no coverage denials) for all allegations in a lawsuit, as long as at least one allegation is covered.
  • Non-Cancelable Except for Non-Payment: Ensures the policy won't be cancelled except for non-payment of the premium.
  • 80/20 Hammer Clause: Get an additional 80% back on what you've paid to pursue a risk after a recommended settlement, and win.
  • Domestic Partner Coverage: Protects the personal assets of a spouse or domestic partner under our basic policy form.
  • Predetermined 1 and 2 Year Bilateral ERP: Offers reporting protection beyond the traditional 12 months.
  • Automatic Sixty-Day Post Reporting Period: Allows adequate time to report events to the carrier.
  • Punitive Damages: Covered in the event additional damages are awarded.
Crime Liability Coverage from AMIS

Illegal activity happens.

Sadly, every business is vulnerable to dishonest employees. Often commercial crimes occur over an extended period of time and are committed by a trusted employee. AMIS/Alliance Marketing & Insurance Services Commercial Crime policy covers a wide range of exposures, including forgery, theft, destruction and disappearance of property as well as cyber crime. We provide protection for transportation companies, services providers, retailers, manufacturers, and other industries as well. We also cover mortgage bankers and brokers—both of which can be written on an industry-tailored form 15 bond.

Our Basic Coverage and Enhancements Include:

  • Broad Definition of "Fraudulent Act" can include:
    - Forgery, counterfeiting, and/or alteration of any money, securities or instructions
    - Fraudulent use of any corporate credit, debit or charge card
    - Incoming check forgery
  • Broad Definition of "Employee": Includes Trustee, Fiduciary, Administrator of any plan, Solicitor and an employee who cannot be identified.
  • First- and Third-Party Coverage: Offers protection against employees and any other person who commits a fraudulent act with the intent of causing the insured to sustain a loss.
  • Computer or Funds Transfer Fraud Coverage: Covers loss from fraud involving financial accounting and computer transactions.
  • Reconstitution Costs: Provides coverage for reasonable costs of rewriting or amending the insured's software programs or systems after a breach.
  • Legal Fees Costs and Expenses: Indemnifies the insured for reasonable legal fees, costs and expenses incurred by the insured in defense of any demand.
  • Care Custody and Control Coverage: Includes loss of money, securities or other property belonging to any other individual or organization, but which is in the care, custody or control of the insured.
Employment Practices Liability Coverage from AMIS

Endings happen.

When the economic climate worsens, legitimate terminations or layoffs have a way of turning into employment-related lawsuits. With increased financial uncertainty and stress, more and more companies find themselves at risk of unwarranted employment claims. AMIS/Alliance Marketing & Insurance Services provides comprehensive coverage to protect the personal assets of private companies as well as the assets of senior management.

Our Basic Coverage and Enhancements Include:

  • Third-Party Automatically Included: Lawsuits filed by third parties, such as customers, are automatically built into the policy form.
  • From 25% to 100% Credit on Retentions when no Liability is Found: Ensures that your clients don't have to pay for losses for which they're not liable.
  • Claim Reporting Incentive: Receive 25% retention credit for reporting claims in a timely manner.
  • Wage and Hour Violations $100,000 Defense Sub-Limit: Offers defense coverage for violating the Fair Labor Standards Act (aka "Wage and Hour violations").
  • Union Strike and Lockout Exclusion Deleted: Covers union exposures (unlike most D&O policies).
  • Regulatory Proceedings Coverage: Includes regulatory proceeding initiated by the EEOC or similar governmental bodies as part of the definition of "claim".
  • Tenant Discrimination Defense Coverage for Property Managers: Extends defense coverage for allegations of discrimination, harassment and wrongful eviction of tenants.
  • 100% Defense Allocation: Covers all allegations in a lawsuit, as long as at least one allegation is covered.
  • Breach of Employment Contract: Provides defense coverage for breaching an employment contract—typically an excluded coverage under most policies.
  • Non-Cancelable Except for Non-Payment: Ensures the policy won't be cancelled except for non-payment of the premium.
  • 80/20 Hammer Clause: Get an additional 80% back on what you've paid to pursue a risk after a recommended settlement, and win.
  • Domestic Partner Coverage: Protects the personal assets of your spouse or domestic partner under our basic policy form.
  • Predetermined 1 and 2-Year Bilateral ERP: Offers reporting protection beyond the traditional 12 months.
  • Automatic Sixty-Day Post Reporting Period: Allows adequate time to report events to the carrier.

Application Information - Request a Quote

Please click the button to complete the PDF application for this insurance quote. If you have any questions, please call or email the person indicated in the contact area for this coverage.

NOTE: All applications must be underwritten and a quotation will be issued subject to underwriting guidelines. THE QUOTE DOES NOT BIND COVERAGE.

Employment Practices D&O and Fiduciary Application - PDF Form

Employment Practices Liability (EPL) Application - PDF Form

Fidelity Bond Application - PDF Form

Instructions: PDF Application Forms
To protect your privacy, please DO NOT EMAIL PDF application forms to us.
  • Complete the PDF application forms on your computer.
  • Print the applications
  • Sign the applications
  • Fax the completed form and any other materials to: (760) 471-9378 or (800) 573-8550.

Contact Us

Your AMIS representative is Sean Nowell. Please call him at
(800) 843-8550 or (760) 471-7116, or email us using the links below.

For all Management Liability applications:

Contact: Sean Nowell

For Bond applications:

Contact: Michelle Nowell

Our Experience Benefits You

AMIS President and Founder Bill West began his career in the insurance industry in 1965, and shortly thereafter he started a Private Investigation, Insurance Adjusting, and Third Party Administration business. In 1990 he assembled a professional liability package for specifically for Private Investigation companies. Since that time AMIS has formed and developed excellent working relationships with our insurance providers, and that allows us to provide stable, quality, and affordable insurance coverage to meet your specific need.

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