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Business Commercial Insurance Business Insurance Management Liability Insurance

Management liability is a suite of complementary covers designed to offer financial protection for you, your fellow directors and employees, and your company for wrongful acts you, or your employees, have, or are alleged to have, committed.

It is made up of three heads of cover:

  • Directors and officers liability
  • Corporate legal liability (entity)
  • Employment practices liability

Each has its own role to play in protecting the assets of the individual directors and of the company itself from the costs of lawsuits and legal actions.

The Alan Boswell Group Difference

Management Liability Our Difference

We’re specialists in D&O, corporate and employment practises liability and have a unique scheme in place with AXA insurance to provide comprehensive management liability cover.

How our customers rate us

Always work hard to find us the right policies for a business area that is difficult to accommodate in the usual markets

Mr Ridley - D&O Insurance

What is Management Liability Insurance?

Management Liability Insurance is a comprehensive policy made up of three different protections designed to cover the legal costs (and any settlements or awards) of defending against claims of wrongful acts, or alleged wrongful acts, made against company directors, employees or the company itself.

It offers financial security for both businesses and individuals, typically paying out for the costs of a wide variety of claims.

The three heads of cover that can make up a management liability policy are:

  • Directors' & Officers' insurance Protects directors, officers and company employees for claims made against them for wrongful acts
  • Corporate legal liability Protects your company against the financial consequences of claims made against it
  • Employment practices liability Protects your company against financial loss from claims made by employees for employment practices violations

What does Management Liability insurance cover?

To understand what Management Liability covers it is easier to look at the three different heads of cover in isolation.

Directors’ and Officers’ insurance

The idea of D&O insurance is to provide financial protection for directors and officers of a company as they undertake their job.  It is a difficult and complex job and they are making decisions, daily, that are subject to scrutiny. These decisions can leave a director exposed to personal, civil or criminal liability and it is very important to remember that a director’s liability is unlimited; their own personal assets are at risk: their car, their house and even cash in the bank.

It is a common misconception that directors assume the company will provide indemnity – but this only happens in very limited cases and only in certain situations.

Directors and Officers insurance covers the cost of compensation claims made against directors and key managers for alleged wrongful acts.

Wrongful acts may include:

  • Breach of trust
  • Breach of duty
  • Negligence
  • Error
  • Misleading statements
  • Wrongful trading
  • Defamation, slander or libel

Claims can be made by many different organisations or individuals.

Just looking at legislation, a company director has responsibility for ensuring the company complies with the:

  • Health & Safety Act
  • Companies Act
  • Insolvency Act
  • Companies Security Act
  • Company Directors Disqualification Act
  • Financial Services Act
  • Insurance Act
  • etc.

It’s a long long list. But it’s not just legislation, there are other things. Company directors can face allegations of libel and slander, they get involved in the complexities of takeovers, mergers, acquisitions and regulatory compliance. Even trading with customers can see claims made.

It is really important to remember that directors can also be held accountable for the actions of others. So while a director might not have committed a particular wrongdoing, the actions of a subordinate can have ramifications for a director.

Sometimes claims may be spurious and frivolous. But in actual fact, the cost to defend those claims and make them go away can be very significant.

A Management Liability Policy would cover the costs of defending these legal claims and any subsequent settlements or awards.

Corporate legal liability (Entity insurance)

Corporate legal liability is similar to Directors’ and Officers’ insurance but defends claims made against the company as opposed to individuals.

Often, when making claims against a company director, a lawyer will also name the company involved if they can. This will be because the company will be seen as having greater assets than the individual. It makes sense, therefore, to provide your company with the same protection. This is where corporate legal liability insurance comes in.

Examples of potential claims can include:

  • Breach of contract
  • Copyright infringement
  • Corporate manslaughter

In the same way a D&O policy covers the costs of defending these actions for the individual, a corporate legal liability policy covers the company’s costs of defending these claims through the legal process and and awards or settlements.

Corporate legal liability can only be purchased in conjunction with D&O Insurance.

Employment practices liability insurance

Employment practices liability insurance (EPL) offers the company and their directors, officers and employees, protection from claims arising from a wide range of employment disputes.

Employment law has changed dramatically over the years and, rightly, offers employees protection from mistreatment and poor working practises. Employees know their rights and will hold their employer accountable if they feel there has been a breach in their conditions of employment.

Disgruntled employees can also cause major disruption through spurious claims against a company or another company employee. They all need to be investigated and addressed often resulting in costly legal action.

Some common employment disputes include:

  • Unfair or constructive dismissal
  • Change of duties without agreement or consultation
  • Discrimination – this could be on the grounds of pregnancy, disability, sex, race, religion or belief, gender reassignment, sexual orientation, age, and marriage and civil partnership
  • Harassment
  • Breach of employment contract
  • Stress caused at work
  • Unfair redundancy

Having an employment practises liability policy in place will provide you with the means to defend these claims through any legal process and the cost of any awards or settlements.

An EPL policy can be purchased standalone – but more often than not it is combined with D&O and entity insurance within a comprehensive Management Liability Policy.

MLP in detail

Management Liability policies include three products, Directors & Officers, Entity (also known as Corporate Legal Liability) and Employment Practice Liability.

These combined products help to provide cover against  Judgements and Settlements, Defence Costs and Claimants Legal Costs.

Directors & Officers section generally include:

  • Cover for Past, Present and Future Cover for Past, Present and Future Directors, Officers and Employees
  • Indemnity Insurance Flexible Limits of Indemnity from £250,000 upwards
  • 24/7 Legal Advice and Claims Line A helpline providing 24/7 Legal Advice and Claims Line
  • Guidance Guidance covering a broad range of business areas such as Human Resource and Employment, Health & Safety Regulations, Waste & Environmental Regulations, Taxation, Corporate Governance, Shareholder Duties, and Data Protection
  • Cover for Subsidiaries Flavour context text
  • Manslaughter Claims Flavour context text
  • Extradition Proceedings Costs Flavour context text
  • Company Reimbursement Flavour context text
  • Investigation Costs Flavour context text
  • Crisis PR Costs Flavour context text
  • Company Reimbursement Flavour context text

Entity section generally include:

  • Employee Dishonesty Flavour context text
  • Indemnity insurance Flexible Limits of Indemnity from £250,000 upwards
  • Official Investigation Costs Flavour context text
  • Regulatory Actions Flavour context text
  • Contractual Liability The cover of defence costs for Contractual Liability disputes
  • Infringement if Copyright Flavour context text
  • UK Legal Pursuits Flavour context text
  • Third Party Fund Transfer Flavour context text
  • Defence costs for Cyber Liability Flavour context text

Employment Practice Liability section generally include

  • Indemnity Insurance Flexible Limits of Indemnity from £250,000 upwards
  • Representation costs Cover for the cost of Representation of an official employment investigations
  • Breach of TUPE Flavour context text
  • Civil Fines and Penalties Flavour context text

FAQ's

  • MLP is not a mandatory insurance in the same way Employer’s Liability Insurance is – but with the rise in litigation being brought against companies and their directors, it would be prudent to include either a complete MLP policy or parts of it to offer some protection to your directors and company.

  • 65% of Directors & Officers Losses are consumed by Defence Costs. The costs to defend even a spurious claim can be significant.

  • It is important to remember that Directors can be held accountable for the actions of others.

  • Professional Indemnity is all about the customer relationship and the services that you perform for a fee. Management Liability directly relates to the management of the Company and the day to day decisions you make as a result.

  • The general recommendation is the limit chosen should be equal to the Gross Assets of the Company. However, some cover is better than no cover. The policy limits are not set in stone and can be increased at any time – you don’t have to wait for renewal.

  • Contact us! Our claims team are very experienced and will be happy to help and assist.

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