Coverage Gaps and Traps: One RIMS Session With the Know-How on All Things D&O (2024)

During the tough property markets of recent years, parametrics grew in popularity. Now, even as the market stabilizes, they’re proving their staying power.

Coverage Gaps and Traps: One RIMS Session With the Know-How on All Things D&O (1)

Many insureds have turned to parametrics to address the hardening commercial property insurance rates of the past few years.

And while some thought interest in these alternative risk transfer products would wane as rates softened, inquiries about parametrics remain strong even as experts predict rates will moderate in 2024. Parametrics are becoming a permanent part of the risk management tool kit.

“Despite the easing market conditions in the traditional property space, where it’s becoming easier for customers to fully fill out their programs, we’re still seeing an increase in submissions for parametric solutions this year following an unprecedented year of submission growth in 2023,” said Scott Johnson, head of property, Eastern region, Berkshire Hathaway Specialty Insurance (BHSI).

“This growing interest shows us that parametric products are valuable through all market cycles.”

Effective Risk Management, No Matter the Market Conditions

One reason parametrics have remained relevant is that insureds now better understand how to use them. Carriers and brokers have worked to educate customers, and today they’re using the policies as an effective complement to traditional property covers, rather than a substitute.

“People are now more aware of how to integrate these products effectively, leading to a growing desire to purchase them for the right reasons,” Johnson said.

As terms have tightened in recent years, parametrics have helped close gaps in property insurance coverages.

“Traditional insurance, although it typically provides broad coverage, still leaves the insured with meaningful retained risk through exclusions, deductibles or sublimits,” Johnson said. “By purchasing a parametric policy, the policyholder can receive funds to help reduce their exposure.”

Insureds also appreciate the immediate financial relief parametrics provide. Since the policy automatically pays out if a specific predefined event occurs, insureds often receive claims payments in 30 days or less.

“This can be a lifeline for customers who have experienced significant losses and need immediate financial support while waiting for their traditional policy to adjust over time,” Johnson said. In recent hurricane events, BHSI has paid out claims in less than seven days.

Choosing the Right Parametric

Interest in parametrics might be high, but insureds must carefully assess their needs to ensure they’re selecting a product that fits their exposures.

“We often see customers proactively approaching us with specific gaps in their coverage,” Johnson said. “They identify areas where they are looking to transfer risk and express concern about potential events that could expose them to that risk.”

Brokers can be a great starting point for these conversations. Many brokerages have brought on specialized parametric brokers who can help insureds assess their risks and find policies tailored to their needs. Informed brokers can help their customers understand products from different companies and the value each solution offers.

“Many brokers have invested in specialized talent who are knowledgeable about parametrics,” Johnson said. “We welcome the opportunity to sit down with a broker and work collaboratively and transparently to optimize the solution for a customer, provide different iterations, and walk through the coverages we can provide.”

Johnson added that “ultimately, the customer wants to purchase something that adds value to their program with a clear understanding of when it will pay out.”

BH FastCAT: A Winning Parametric Solution

Since BHSI launched its parametric product, BH FastCAT, it has cultivated a large, integrated team with deep knowledge of the CAT space. It’s been writing parametric policies since 2020, and its underwriters are excited by the growing awareness and customer appetite to explore parametric solutions.

“BHSI has always been a significant player in the catastrophe insurance market, and we will continue to be. We have invested heavily in understanding catastrophe perils to ensure we can provide stable capacity for our customers,” Johnson said.

“We have brought in talented individuals to help us better understand the various natural catastrophe perils. This investment in expertise has been instrumental in developing products that meet our customers’ specific needs.”

BH FastCAT policies are designed to be consistent and clear for insureds. That process starts with the concise eight-page policy.

“​​Our product is built on the principle of transparency,” Johnson said. “It clearly outlines the process and what gets paid when an event occurs, ensuring clarity for all parties involved.”

BHSI’s parametric policies use quality data from reputable government agencies to determine when an insured event has occurred. These agencies report data in a timely and unbiased manner, allowing the claims process to start promptly.

“This approach allows all parties involved — the broker, the customer and our company — to see in real time whether a policy has been triggered based on the reports from these agencies. By using trusted sources and making the information accessible to everyone simultaneously, we maintain a high level of transparency throughout the process,” Johnson said.

“Our claims team is engaged from the moment the event occurs.”

By emphasizing transparency and creating policies that pay out quickly, BHSI has crafted a parametric solution that works in tandem with an insured’s property policy.

“The challenges of the past few years have highlighted the importance of understanding the different insurance options that are available in the market,” Johnson said. “What we aim to provide is a product that is consistent and clear — one that customers can confidently rely on for the long term — no matter the market conditions.”

To learn more, visit: https://www.bhspecialty.com/.

Berkshire Hathaway Specialty Insurance (www.bhspecialty.com) provides commercial property, casualty, health care professional liability, executive and professional lines, transactional liability, surety, marine, travel, programs, accident and health, medical stop loss, homeowners, and multinational insurance. The actual and final terms of coverage for all product lines may vary. It underwrites on the paper of Berkshire Hathaway’s National Indemnity group of insurance companies, which hold financial strength ratings of A++ from AM Best and AA+ from Standard & Poor’s. Based in Boston, Berkshire Hathaway Specialty Insurance has offices in Atlanta, Boston, Chicago, Columbia, Dallas, Houston, Indianapolis, Irvine, Los Angeles, New York, Plymouth Meeting, San Francisco, San Ramon, Seattle, Stevens Point, Adelaide, Auckland, Barcelona, Brisbane, Brussels, Calgary, Cologne, Dubai, Dublin, Frankfurt, Hong Kong, Kuala Lumpur, London, Lyon, Macau, Madrid, Manchester, Melbourne, Munich, Paris, Perth, Singapore, Sydney, Toronto and Zurich. For more information, contact [emailprotected].

The information contained herein is for general informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any product or service. Any description set forth herein does not include all policy terms, conditions and exclusions. Please refer to the actual policy for complete details of coverage and exclusions.

Coverage Gaps and Traps: One RIMS Session With the Know-How on All Things D&O (3)

This article was produced by the R&I Brand Studio, a unit of the advertising department of Risk & Insurance, in collaboration with Berkshire Hathaway Specialty Insurance. The editorial staff of Risk & Insurance had no role in its preparation.

Berkshire Hathaway Specialty Insurance (www.bhspecialty.com) provides commercial property, casualty, healthcare professional liability, executive and professional lines, surety, travel, programs, accident and health, medical stop loss, and homeowners insurance. The actual and final terms of coverage for all product lines may vary. It underwrites on the paper of Berkshire Hathaway's National Indemnity group of insurance companies, which hold financial strength ratings of A++ from AM Best and AA+ from Standard & Poor's.

Coverage Gaps and Traps: One RIMS Session With the Know-How on All Things D&O (2024)

FAQs

What is D&O coverage for dummies? ›

D&O insurance claims are paid to directors and officers of a company or organization for losses or reimbursem*nt of defense costs if legal action is brought against them. Such coverage can also extend to criminal and regulatory investigations or trial defense costs.

What is typical D&O insurance coverage? ›

D&O insurance reimburses the defense costs incurred by board members, managers, and employees in defending against claims made by shareholders or third parties for alleged wrongdoing. D&O insurance also covers monetary damages, settlements, and awards resulting from such claims.

What is not covered by D&O insurance? ›

Misconduct Exclusions

D&O policies include an exclusion for losses related to criminal or deliberately fraudulent activities. Additionally, if an individual insured receives illegal profits or remuneration to which they were not legally entitled, they will not be covered if a lawsuit is brought forward due to this.

What is side a coverage D&O? ›

Side A cover protects the personal assets of individual executives by providing cover for legal costs, damages and penalties that the director would otherwise have to pay out of their own pocket. There is generally no excess or deductable payable by the director under Side A.

What are the most common D&O claims? ›

What Are The Most Common Directors' & Officers' Claims?
  • The Board's failure to adhere to by-laws.
  • The Board's failure to properly notice elections.
  • The Board's failure to properly count votes/proxies.
  • Challenges by members regarding power granted the Board by by-laws.
  • Improper removal of Board Members.

What is inquiry coverage? ›

Additionally, some policies may include “Inquiry” or “Interview” Coverage or other investigative costs coverage for certain non-routine document requests, interviews, and other pre-claim matters involving Insured Persons.

What does D&O insurance protect against? ›

Directors and officers (D&O) liability insurance protects the personal assets of corporate directors and officers, and their spouses, in the event they are personally sued by employees, vendors, competitors, investors, customers, or other parties, for actual or alleged wrongful acts in managing a company.

What are the risks of D&O? ›

Companies can utilize management liability policies, specifically Directors & Officers Liability Insurance (D&O), as a cost-effective tool to transfer certain risks off their respective balance sheets and provide comfort to directors and officers that the decisions they make as stewards of the business are protected to ...

What is Coverage C of D&O policy? ›

Side C Coverage, also known as Entity Coverage, is a form of Directors and Officers (D&O) liability insurance. It is a type of insurance coverage that provides protection to the corporation itself in the event of a lawsuit.

Does D&O cover negligence? ›

D&O pays for what is often stated as "Any actual or alleged act or omission, error, misstatement, misleading statement, neglect or breach of duty by an insured person in the discharge of his/her duties." In effect, the policies function as "management errors and omissions liability insurance," covering claims resulting ...

Is D&O always claims made? ›

A D&O insurance policy is written on a claims made basis, meaning it covers claims made during the policy period (typically 12 months). Claims can be made for wrongful acts committed during the policy period or prior to the inception of the policy, subject to any exclusion (see Standard Exclusions) or retroactive date.

Does D&O insurance cover punitive damages? ›

Insurance companies cannot pay a judgment against an insured for punitive damages. The fact that punitive damages are sought in a lawsuit will not prevent an insured board member from receiving a legal defense paid by the insurer.

What is the difference between side B and side C D&O? ›

Side B is for the benefit of the corporation. When a corporation does indemnify directors and officers, Side B provides for reimbursem*nt of the corporation. Side C is entity coverage. For a publicly traded company, this is for securities claims only.

What is the difference between management liability and D&O? ›

While D&O insurance is narrowly focused on the personal liability of directors and officers, MLI provides a broader package that includes D&O as well as other coverages that protect the company itself. With this in mind, which type of coverage you need will come down to the unique requirements of your business.

When can a D&O policy be cancelled? ›

the D&O policy only allows the insurer to cancel coverage if the company fails to pay the premium when due; and.

Why do I need D&O coverage? ›

A company pays for this coverage so executives can serve confidently as leaders of their organization without fear of personal financial loss. In essence, D&O insurance is a safeguard for company management that will reimburse settlements and legal defense costs from covered claims.

Does D&O cover insured vs insured? ›

This exclusion is used to define the circ*mstances in which directors and officers of a company are not covered under the policy. Generally, an Insured vs. Insured Exclusion excludes coverage for claims brought against directors and officers by other directors and officers of the same company.

What is the meaning of D&O? ›

Directors' and Officers' liability insurance gives financial protection in the event you are sued personally. D&O protects you from claims made against you or your co-directors within the scope of your everyday business.

What does D&O insurance cover for entity? ›

Entity Coverage, a.k.a. Side C, refers to the insuring agreement in a Directors and Officers Liability Insurance policy that protects the balance sheet of an insured organization by covering loss resulting from claims brought against the organization (rather than against directors/officers).

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