Public Companies 


In today’s marketplace, directors and officers of publicly traded corporations face greater liability exposures than ever before. Potential claims may come from a variety of constituencies, from employees or customers, to competitors or shareholders. ENCON’s Directors and Officers (D&O) liability insurance is designed to safeguard Canadian publicly traded companies and their directors and officers from allegations of negligent acts.

Eligibility

The following list provides a sample of the classes of publicly traded businesses insured by ENCON:

  • Canadian listed
  • Small micro cap to multinational
  • Start-up companies
  • Primary or excess
  • IPO's/RTO's
  • Energy/Mining
  • Manufacturing
  • Retail
  • Transportation
  • Real estate/REITS
  • Technology
  • Income Trusts

 

Coverage Details

  • Policy Form – The insurance is written on a claims-made basis with full coverage for prior acts
  • Policy Period – Annual terms, with the availability of run-off coverage
  • Capacity – Limits up to $25,000,000 (on a primary or excess basis)
  • Territory – Claims made anywhere in the world

Policy Features

  • Entity Securities coverage
  • Non Rescindable policy
  • Affirmative language in the definition of damages for statutory obligations
  • Blanket outside directorship coverage (ODL) for non profit and "private" companies
  • Non entity Employment Practices Liability (EPL) (or entity EPL available by extension)
  • Broad pollution coverage
  • Broad definition of claim includes non-monetary relief
  • First dollar defence coverage (deductible does not apply to defence costs)
  • Competitive deductibles
  • Bi-lateral discovery period
  • Duty to defend
  • Spousal coverage
  • Employee coverage
  • Hostile takeover defence fund
  • Fiduciary liability (available as an extension or a stand-alone policy)
  • Incidental professional liability extension

Submission Requirements

* Please note that there are separate application forms for quotes on new submissions and for renewals.