RF Ougheltree Insurance

Public Company

Public company directors and officers face an array of challenges, as they operate in an exceedingly complex environment. Judicial and regulatory scrutiny over corporate governance has intensified as a result of numerous high profile corporate bankruptcies and shareholder litigation continues unabated. Corporate leaders demand formidable protection against personal liability and financial loss.

Many of the allegations facing Directors & Officers involve accounting irregularities and securities fraud. Mergers, acquisitions or divestiture activities also heighten the risk of a potential claim.

While strong governance practices can help reduce a company's exposure, an effective risk management program, including broad D&O coverage, is also essential.

Eligible Business Classes:

No Industry Restrictions

  • Fortune 500s, middle market, micro-caps
  • US & International domiciled risks, including:
    • Insurance Company Cancellations or Non renewals due to unfavorable claims experience.
    • Firms facing financial distress and/or bankruptcy.
    • Initial Public Offerings, Spin-Offs, and other M&A related risks
    • Emerging growth (development stage/ start ups)
    • Other Special Situations


Negotiating the correct coverage for the desired level of protection can be involved and requires various carriers and policy forms. Contact a broker to discuss a particular risk.

As a D&O specialist, RFO develops a variety of protection options for the leaders of public, private, and not-for-profit organizations.

  • Admitted and non-admitted insurance companies
  • Traditional Primary and Excess coverage
  • Side A Excess Difference-In-Conditions coverage for preserving personal liability coverage when the company:
    • fails or refuses to indemnify a director or officer.
    • is sued along with the directors and officers, and the D&O policy limits are eroded or consumed by the policy's entity coverage.
    • is financially unable to indemnify its directors and officers against claims made against them.
    • is prevented by law (domestic or international) from indemnifying its directors and officers for the particular claim at issue.
  • Coverage for Investigations:
    • Initiated by a broad array of enforcement authorities including the U.S. Securities and Exchange Commission, the U.S. Department of Justice, enforcement units of securities exchanges and similar authorities worldwide.
    • Triggered by self-reporting
    • Into financial, proxy and other required disclosures of companies with public securities as well as insider trading.

A service is available from certain carriers to facilitate compliance with local insurance and premium tax requirements outside the U.S.


D&O Application- Basic stand alone coverage

Side A Excess DIC (All States except NY)-stand alone policy

Side A Excess DIC (NY only)-stand alone policy

Investigation Costs Application-stand alone policy


Cornerstone Reseach-Securities Class Action Filings 2012 Mid-Year Assessments

Shareholder Derivative Suits: A Growing Concern for Corporate Directors and Officers

D&O Claims Trends: 2012 Wrap Up

D&O Claims Trends: Q2 2013

How the Supreme Court's Upcoming Halliburton Decision on the Fraud-on-the Market Presumption  May Impact Securities Litigation

Other Coverages:

All or most other coverages that comprise the Hull & Company, Inc. (RFO) practice are appropriate. Contact a staff broker to discuss a particular account.

All insurance product and/or coverage descriptions are informational only. It is neither an offer to sell nor a solicitation to purchase any particular insurance product. Coverage may not be available in all jurisdictions.