Management Liability Insights

In early 2022, Delaware signed into law a statute enabling Delaware companies to procure D&O insurance through a captive, fronting, or reinsurance arrangement. However, several D&O exposures typically covered under commercial D&O insurance programs likely cannot be included in the arrangements allowed by this new legislation. In this advisory, Chubb and Bailey Cavalieri LLC identify these exposures and outline why D&O buyers and insureds should proceed with caution.

Privately held companies, regardless of size, are threatened by exposures that can lead to complex threats of litigation and can have devastating financial consequences. In Protecting Private Companies from Financial Loss, we’ve highlighted seven key areas of corporate risk to be aware of when evaluating potential gaps in your insurance program.

Even with protections put in place by internal IT departments or outside partners, email remains an unsecured and unreliable technology capable of being hacked, altered and manipulated. An increase in working from home over less-secure wi-fi networks and an uptick in the use of e-commerce and electronic transactions has created a busy environment for cyber criminals to exploit email for fraudulent activities.

It's critical to have a strong line of defense against increasingly sophisticated attacks, like account hijacking and impersonation – also known as Business Email Compromise (BEC) schemes. Learn more about how organizations can block email-related fraud by implementing multi-factor authentication (MFA).

Co-authored by Chubb and Clyde & Co. LLP, this report explores the latest international management liability trends that should be considered carefully by all multinational corporations and their senior management. It identifies common emerging D&O risk trends seen in key countries and territories, discusses the underlying triggers and drivers of those trends, and assesses how those issues might develop in the future.

As an employer, there is a certain level of responsibility that falls on you for ensuring a safe work environment for your employees. Unfortunately, while workplace violence programs have evolved, many employers are still underprepared for the threat of violence in the workplace.

Read Chubb’s Rob Exelbert’s insight on reps & warranties coverage in this Advisen blog. Rob discusses how strategic buyers contributing to M&A activity “are encountering the same unique financial exposures in their deal making as do private equity firms.”

Chubb’s Private Company Risk Survey explores the big picture of the risks private company executives face to help assist them in making wise decisions in the areas of Directors & Officers (D&O) liability, Employment Practices Liability (EPL), cyber liability, and commercial criminal liability insurance.

Proactive management of director and officer exposures can improve a company’s ability to recruit talented management, enhance the quality of corporate decision-making, and help reduce the risk of litigation damages, expenses, or distractions. This loss prevention book will begin the process of education and guidance for executives.

A fundamental goal of an effective securities litigation loss prevention program is to inform directors and officers that improper disclosures can result in severe personal and corporate consequences. Read more for a number of best practices to help reduce this liability exposure in an area where case law, statues and regulations, and new developments in cybersecurity and climate change are always evolving.