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Showing posts from June, 2024

Occupational Health &Safety Cost in D&O policies

  Directors and Officers (D&O) insurance provides coverage for the personal liability of directors and officers as individuals, and for the company itself. This insurance is crucial for protecting these key individuals and the organization (in specific situations) from claims related to their management decisions. D&O insurance primarily covers legal fees, settlements, and other costs associated with claims of wrongful acts, mismanagement, or negligence.    Another important coverage provided by D&O insurance policies is for the costs relating to claims or legal costs related to breach of any Occupational Health and Safety (OHS) law or regulation that includes death but is not limited to it. Let us look at the Occupational Health and Safety Defense Costs in D&O policies in more detail.   Claims related to OH&S issues   Directors and officers can be held personally liable for failing to ensure a safe working environment. If an employee suffers from a work

Antitrust exclusion in liability policies

  One of the important exclusions in liability insurance policies is the antitrust exclusion. Antitrust exclusion indicates a clause that excludes coverage for claims or losses arising from antitrust violations.  Antitrust can be understood as “regulations that encourage competition by limiting the market power of any particular firm thereby preventing or controlling monopolies so as to promote fair competition in business”   Insurance policies include exclusions for certain types of risks, and antitrust exclusion specifically addresses the risks associated with antitrust lawsuits. Antitrust exclusions are part of liability policies to help limit insurers from exposure to potentially large and unpredictable losses that can arise from antitrust lawsuits. Apart from this, antitrust cases can result in substantial legal fees, settlements, and judgments, which can be financially burdensome for insurers. In D&O policies, the antitrust exclusion refer to claims such as unfair tra

Criminal Act Exclusion in Liability Policies

      Liability policies such as D&O policy, Professional liability, Public liability, CGL policy and product liability policies have exclusions like every other insurance policy. An important exclusion is the criminal act exclusion in liability policies.   Criminal act exclusions in liability insurance policies are provisions which exclude coverage for claims arising from criminal acts committed by the insured. The criminal act exclusion makes the insurance contract void if it is evident that the insured is making a claim for a loss that has occurred due to criminal actions or lawless behavior by the insured. In short, the criminal act exclusion means that if the insured is involved in an illegal activity or commits a crime, the insurance policy will not cover any resulting claims or damages. Purpose of the criminal act exclusion The primary purpose of this exclusion is to prevent individuals or entities from using insurance coverage when they engage in illegal activ

Benefits of Cyber Liability Insurance

  Businesses can be at risk of a data breach, malware infection, or cyberattack if it conducts any online operations, transactions, or communications. To shield your company from severe financial loss, it is advised that you not only review and improve your company's cybersecurity best practices but also think about getting a comprehensive cyber insurance policy. Cyber liability insurance provides protection against the myriad risks associated with conducting business in a digital world. Let us explore the key benefits of having cyber liability insurance. 1. Financial Protection Cyber liability insurance covers the financial losses associated with cyber incidents, including: Data Breach Costs: Expenses related to data breaches, such as notification costs, credit monitoring for affected individuals, and forensic investigations. Business Interruption: Coverage for lost income and extra expenses incurred due to a cyber incident that disrupts normal bu

Restoration of Sum Insured in a Health Insurance Policy

After purchasing a health insurance policy one is rest assured that any emergency or serious health condition can be handled without creating a dent on one’s financial position. However a sudden serious hospitalization can require specialized treatment and can be expensive. In such a scenario the sum insured in the health insurance policy might get fully exhausted and there is no more sum insured available for the next claim in a policy year. Further if the health policy is a family floater then the other members of the family remain uninsured. Restoration of sum insured to its original amount is the ideal solution in such cases. Luckily health insurance policies provide for such restoration of sum insured. Restoration benefit is an add-on feature in health insurance policies that  offers an additional sum insured after the original sum insured is fully exhausted in a policy year . This benefit is alternatively known as the refill benefit. It can be useful in case there is a need

Intentional and wilful act exclusion in liability policies

  Liability insurance policies protects both individuals and companies against the possibility of being held legally liable or sued for carelessness, malpractice, or harm. These insurance policies shield the insured against financial penalties and settlements that the policyholder is held accountable for.   Intentional and wilful act exclusions in liability policies refer to provisions that exclude coverage for damages or injuries resulting from acts that the policyholder intentionally or willfully committed. These exclusions are commonly found in various types of liability insurance, such as general liability, professional liability and product liability etc. The rationale behind these exclusions is to prevent individuals from benefiting from insurance coverage for harmful acts they deliberately caused.   Let us look at the definition of intentional and wilful acts to understand this exclusion.   Intentional Act: An act done with the intent to cause harm or damage. Wilfu