The challenges today’s Directors and Officers (D&O) face are ever changing. They are seldom less difficult than those of their predecessors. With scandal after scandal emblazoned in the headlines of our major newspapers, the emergence and growth of the financial crises in 2008, and the displaced trust in the wake of corporate scandals, less than transparent investment transactions and outright fraud, have sent a quake through the boardrooms of many companies.
The governing principles and requirements attached to directors and officers continue to evolve and the conduct and accountability for decision making are now, more than ever, under increasing regulatory scrutiny owing to the magnitude of capital market losses. There’s no question that the scope and intensity of legal and regulatory change in response to the recent economic turmoil will place increasing pressure on business leaders and board members to improve corporate governance, transparency and disclosure of exposure to systemic risk factors that can cripple or destroy the enterprise.
Each of these factors increases the litigation risk for companies that find themselves out of compliance, and for those that are struggling with these added burdens, properly protecting your directors and officers is more important than ever.
Rose & Kiernan’s executive protection specialists can develop custom solutions for your business.
You needn’t be publicly traded or a for-profit business to need the peace of mind that comes with having a properly structured, broad and competitively priced D&O program.
We’ll help you reduce the risk and control your exposure to the catastrophic loss of personal assets in directors' and officers' litigation. Your effective corporate governance, combined with sound risk management, and the broadest D&O liability insurance protection available is the smart decision in the face of today’s uncertain times.
The foundation of business is reputation.
Sexual harassment. Wrongful termination. Discrimination. Wage inequity: all are risks that can occur every day in your business and are often the ones you may never encounter until your first service-of-suit arrives. Employment-related risks can be among the most potentially damaging exposures any business can face – large or small. Employment-related practices liability (EPL) lawsuits, can ruin your reputation, cause you to lose customers, tarnish your valued brand, and bury your bottom line. Over fifty percent (50%) of employers have had to face some form of employment-related lawsuit in their career, and more than nine in ten of the actions against businesses and non-profit organizations result from termination or discharge of employees you thought you could count on. Rose & Kiernan, Inc. can provide you the security and financial protection necessary to cope with the growing wave of EPL litigation. Let our risk management professionals and executives work with you to provide you the coverage you need, at prices you can afford.
Fiduciary liability insurance is essential for the protection of those individuals acting in a fiduciary capacity for your employee benefit plans. This important coverage protects those individuals against claims for legal liability arising out of their role as fiduciaries, including the cost of defending those claims.
One of the most advantageous forms is a stand-alone fiduciary liability policy. Integral to protecting the fiduciaries are bonds required by law also known as ERISA bonds. These bonds protect against dishonesty. For example, when a dishonest plan administrator or trustee has financially harmed an employee benefit plan, the ERISA bond may be employed to cover the loss for the benefit of the plan and the plan's beneficiaries. This surety instrument, however, will not protect the trustees themselves from liability claims, and is thus distinct from fiduciary liability insurance.
Another important coverage is employee benefit liability (EBL) insurance. EBL insurance policies cover claims that can arise from errors or omissions in the administration of a benefit plan, including the failure to enroll an employee in the plan as well as the improper advice as to benefits.
EBL insurance, however, does not cover every area of fiduciary responsibility, particularly decisions regarding the investment of plan assets. Fiduciary liability insurance coverage may or may not provide employee benefits liability insurance coverage, and it is important to be able to rely on the skills of a knowledgeable insurance professional to assist you.
Let one of Rose & Kiernan’s fiduciary or surety specialists help you with your needs. Please don’t hesitate to contact us.
When it comes to deal facilitation, you can count on Rose & Kiernan.
With over 50 years experience working with our customers in facilitating modern mergers and acquisitions, R&K brings the resources to bear to make your due diligence timely, productive, and outcome focused.
Whether it’s providing contingency insurance, litigation buyout coverage, tax indemnity, reps and warranties or facilitating a complex purchase or divestiture of an asset that’s environmentally impaired, Rose & Kiernan has the people, the talent, and the years of experience to help you make it happen.
Our team of M&A specialists can help you ascertain your risk, quantify your exposures, and tailor deal-specific solutions to handle even the most challenging transactions. We’ve worked with national and international organizations, and local businesses, to assist them in understanding their options and exposures when entering, exiting or expanding their operations through acquisitions or divestiture.
We maintain the strongest relationships with a cadre of leading national and international insurance, specialty and surety organizations; financially stable companies that have the capacity, reach and products to provide the effective solutions to meet your needs. We’ll work with you and them to craft the solution that will allow you to turn timing into opportunity.
Virtually every organization today, both those for- and not-for–profit, face multi-national political and commercial risks in ongoing conduct of their business. While it’s true that certain risk can be avoided or mitigated by using common sense and the appropriate level of due diligence, political and commercial risk exposures are ever changing by their very nature, particularly in the developing world, and are highly unpredictable and seldom convenient or pleasant in their manifestation or outcome.
Both commercial risk and, non-commercial political risk can provide daunting challenges for companies, and non-profit organizations. Political and trade credit risk insurance are vehicles for organizations to mitigate, manage, transfer and respond to events arising from the negative actions or inactions of governments or their adversaries. Both forms of insurance help stabilize your foreign operating exposures and insulate you from the unexpected. Trade credit insurance, for example, can help your business manage the risk of customers' insolvency default on payment.
Trade credit can aid your business in increasing its sales growth by providing new buyers credit, and extending to current, approved customers additional credit, all while reducing your business's risk of nonpayment to those customers who operate on tighter margins, in more challenging industries or otherwise adverse operating environments. Some companies, too, will also benefit from more favorable lender financing through the assignment of the accounts receivables as collateral.
Count on Rose & Kiernan’s Political and Trade Credit Risk specialist to help you manage your risk and help you grow your business.
If you’re an executive traveling in the developing world, one of the worst and often unspoken fears is the prospect of being kidnapped and held for ransom. Separated from your family, and threatened with loss of life or limb, few people expect to find themselves in the situation, but those who do, find coping with the experience a terrifying and often financially unmanageable situation.
While vigilance, common sense and preparedness can set the stage for successful travel abroad, what happens when the unthinkable occurs? To whom will your family and business turn to get you home safely?
Whether the kidnapping is politically motivated, devised to grab headlines and spread fear, or economically motivated to aid the drug trade or to aid political extremists, it matters little when you’re in the clutches of unsympathetic captors.
Kidnap & Ransom insurance can help your business and your loved ones feel peace of mind when you and your associates are traveling abroad.
Travel accident coverage can provide the means to ensure you can obtain the necessary medical care, and accident benefits in the event of death or serious injury while traveling on business or for pleasure.
Depending on the plan you choose, coverage can be customized to meet specific needs. Options typically include: Full-Occupational coverage, War-Risk coverage for accidents that occur when traveling to a designated "hot zone" (countries in a state of war, either declared or undeclared), Business and Pleasure coverage - 24-hour worldwide protection for you both on or off the job, and coverage for Piloting and Owned Aircraft coverage covering accidents occurring on company-owned, company-leased or company-controlled aircraft.
Let Rose & Kiernan work with you and your business to craft a comprehensive program to protect you and your colleagues globally.
Crime and fidelity insurance can help protect your organization from the loss of money, securities, or inventory resulting from crime and employee dishonesty.
Crime and fidelity insurance claims typically include losses involving employee dishonesty, embezzlement, forgery and alteration, robbery, safe burglary, computer and cyber fraud, wire transfer fraud, and currency and financial instrument counterfeiting.
Criminals look to exploit every potential weakness in the financial and audit controls of your business through the use of schemes and devices involving fictitious employees, phantom accounts payable and dummy suppliers.
Those less skilled will steal money, securities and property outright, hopeful that their crime will go undetected or noticed only long after they’re gone. Protecting against fraud and embezzlement in the workplace can sometimes mean the difference between a business surviving a collusive event or shuttering the business for good.
Whether you’re a large financial institution, an e-business, or a shop owner on Main Street, Rose & Kiernan can help you manage your crime and fidelity exposures and craft a custom insuring solution to protect your business, its assets, and your reputation.
Public entities are confronted with loss exposures involving antitrust violations, employment-related offenses, zoning, civil rights, and allegations of making, or failing to make, good, practical decisions.
This invaluable liability coverage provides the necessary protection in the event your public officials are sued for their alleged errors and omissions. In essence, public officials coverage serves virtually the same function for elected and appointed officials of governments, authorities, and public benefit organizations that directors and officers insurance serves for the directors and officers of for- and not-for-profit organizations. With public officials liability, however, employees and the public entity itself are also considered insureds.
As one of the leading regional providers of risk management and insurance services to public entities, Rose & Kiernan has extensive access to all major national, regional, and specialty insurance markets. Our team of public entity insurance professionals works with our providers, and aggressively negotiates and delivers specialized solutions crafted to meet the specific needs of each and every public entity customer we work with. Your constituents count on you.
Your public officials can count on the specialists at Rose & Kiernan to deliver cost effective, customized coverage to ensure your public officials needs are appropriately met.