Management Liability Insurance
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At DPI our knowledgeable broking team are here to provide you with professional advice to ensure that you understand your risks and select the most appropriate covers for your company’s needs.
We are here to alleviate the stress and remove the workload by navigating our panel of A rated insurers, specialist underwriting agencies and the Lloyds market on your behalf. We pay close attention to the detail which enables us to align your requirements with a policy that will perform to your expectations should you need to claim.
Management Liability Core Covers
Directors & Officers Liability – Directors and Officers of a company personally against defence costs incurred and awards made against them for alleged wrongful acts. Examples include a breach of trust or duty, neglect, error, misleading statements and wrongful trading. This could include the costs of defending actions from the health & safety executive (including corporate manslaughter), shareholders, other Directors and the Information Commissioners Office.
Corporate Legal Liability – Where D&O covers individuals, corporate legal liability protects the company itself. It is not necessarily always clear where liability lies and legal claims will often be made in tandem against a company and an individual working within it. Corporate Legal Liability is very commonly bought in conjunction with D&O.
Employment Practice Liability – This protects companies against the defence costs and claims settlements arising, for example from allegations of sexual harassment, wrongful dismissal or discrimination. Even if an alleged claim is viewed as groundless the defence costs in such circumstances can be significant.
Management Liability Claims Examples
A production company and one of its directors were prosecuted after an employee lost three fingers on one hand. An investigation by the Health & Safety Executive found that a guard around a packing machine had been removed with the directors knowledge. Removing the guard allowed blockages to be cleared more quickly, but had also allowed the employee to get too close. The company and director were fined. (D&O & Corporate Liability)
A company and its directors were prosecuted after an employee fell to his death. Following the conclusion of the prosecution case, an agreement was reached in which all charges against the directors, including that of gross negligence manslaughter, were dropped. The company pleaded guilty to corporate manslaughter and was fined, both the company and the individual directors faced defence costs. (Corporate Liability)
An employee fell 11 feet through an open trapdoor when inspecting a filter on a piece of machinery on the floor above and was severely injured. The Health & Safety Executive brought a prosecution against the company citing lack of suitable and sufficient risk assessments for maintenance activities requiring the trapdoor to be open. The prosecution was successful and the company fined. (Corporate Liability)
A food manufacturing company and its managing director were prosecuted by The Food Standards Agency. The allegation was that unsafe practices at their plant had allowed toxic dye to contaminate a number of their products. The allegations were found to be true and both the company and the managing director faced paying both fines and defence costs. (D&O & Corporate Liability)
A company and its Managing Director were jointly prosecuted for breaching Fire Safety Legislation. During a local Fire Service inspection, numerous deficiencies were found, including the storage of combustible materials in a passageway that was the premises’ only fire escape. A notification of deficiencies was issued. Subsequent visits showed that no actions had been taken, so prosecutions ensued. (D&O & Corporate Liability)
An employee was sacked for turning up late for work on a number of occasions. The employee took the company to an Employment Tribunal and won their case on the grounds of Unfair Dismissal. The company hadn’t followed their own formal disciplinary process and give the employee sufficient opportunity to understand the seriousness of their situation. (Employment Practice Liability)
A female employee took her company to an Employment Tribunal alleging Sexual Harassment by her manager. The tribunal heard how the employee was subject to constant remarks about her clothing and her body. Sexual comments were commonplace, and the employee was often made the subject of sexist jokes and jokes of a sexual nature. (Employment Practice Liability)
An action was brought against a company by an employee alleging he was not being protected from bullying in the work place by his fellow employees. Although the directors of the company were not personally aware of the bullying, the employee’s manager was aware and the company was found liable on the grounds that it had failed to provide a safe work environment. (Employment Practice Liability)
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