Broad Side A DIC Insurance - D&O Insurance
Up to USD 50 Million
AXA offers broad form Side A directors and officers coverage on a primary or an excess difference-in-conditions (DIC) basis with no minimum attachment.
The Side A DIC policy provides coverage for the management team in circumstances when the underlying insurer and company are unable or unwilling to provide them with indemnification. The broad difference-in-conditions (DIC) wording in the Side A DIC policy responds to many coverage gaps and restrictive underlying terms often found in other policies.
On an excess basis, DIC coverage responds above directors and officers / company reimbursement or directors and officers-only policies. May also respond above directors and officers / company reimbursement policies including fiduciary liability.
US public and private companies
Typical Information Required
- Policy is fully non-rescindable
- Full severability of application and exclusions
- Non-cancelable except for nonpayment of premium
- Advance of defense costs
- Full punitive damages coverage (no need to purchase an offshore wrap)
- Specific coverage for trustees, officers, directors or employees of insured’s employee benefit program
- No ERISA exclusion
- No pollution exclusion
- Insured vs. insured exclusion is not applicable outside US or Canada or in the event of bankruptcy during policy period
- Insured vs. insured exclusion does not apply to claims brought by or on behalf of a bankruptcy or insolvency trustee
- Insured vs. insured exclusion does not apply to defense costs
- A carve-out in the bodily injury/property damage exclusion covers shareholder suits and pollution claims
- Bodily injury/property damage exclusion does not exclude emotional distress or mental anguish
- Bodily injury/property damage exclusion does not apply to claims against directors
- Primary and excess coverage available
The information contained herein is intended for informational purposes only. It’s is neither an offer to sell nor a solicitation to purchase any particular insurance product. Insurance coverage in any particular case will depend upon the type of policy in effect, the terms, conditions and exclusions in any such policy, and the facts of each unique situation. No representation is made that any specific insurance coverage would apply in the circumstances outlined herein. Please refer to the individual policy forms for specific coverage details. AXA XL is a division of AXA Group providing products and services through four business groups: AXA XL Insurance, AXA XL Reinsurance, AXA XL Art & Lifestyle and AXA XL Risk Consulting. In the US, the AXA XL insurance companies are: AXA Insurance Company, Catlin Insurance Company, Inc., Greenwich Insurance Company, Indian Harbor Insurance Company, XL Insurance America, Inc., XL Specialty Insurance Company and T.H.E. Insurance Company. In Canada, coverages are underwritten by XL Specialty Insurance Company - Canadian Branch and AXA Insurance Company - Canadian branch. Coverages may also be underwritten by Lloyd’s Syndicate #2003. Coverages underwritten by Lloyd’s Syndicate #2003 are placed on behalf of the member of Syndicate #2003 by Catlin Canada Inc. Lloyd’s ratings are independent of AXA Group. Not all of the insurers do business in all jurisdictions nor is coverage available in all jurisdictions.