Management Professional Liability

So you may not know what  a private company management liability policy is or what it’s intended to cover and why you might want one. In this piece, I’ll try to explain in layman’s terms what these policies are and why you should consider one.

The management liability policy is really just an industry name for a package policy that may contain one or more of the following: Directors and Officers Liability, Employment Practices Liability, Fiduciary Liability, Internet Liability and sometimes other coverage sections like errors and omissions or crime.

Now that you know that, let’s talk a little bit about why you might want to consider such a package, or any of the coverage forms. The first reason to consider this type of package is to protect your assets and those of your business. Typical liability policies will not defend or indemnify you for a lawsuit that does not allege bodily injury, property damage or personal injury, amongst some other types of claims. An example of a directors and officers allegation might be a breach of duty owed by a director, officer, owner of a private company. Allegations of misleading statements about a start ups financials where venture capital is being cultivated. Even lawsuits by creditors alleging the misuse of a private companies assets, so that creditors could not be paid.

Another coverage you an buy in this type of package is employment practices liability insurance. This type of insurance is meant to protect the directors, officers, managers and the business when sued by an employee or third party contractor, if that coverage is added. Types of suites you see that this insurance responds to include but are not limited to: age, race or religious discrimination by an owner, officer, director or manager. Harassment both sexual and otherwise, retaliation allegations and if endorsed wage and hour allegations can also be covered. Without this type of insurance, you will be paying several hundred dollars an hour for an attorney as well as the ultimate settlement or court verdict.

A third coverage part you can add to a management liability policy is called Fiduciary Liability. This is a coverage part intended to protect those same Fiduciaries as the other two for allegations around the disclosure, choice and administration of employee benefit plans including investment plans and pensions.

Many insurance companies also offer crime coverage in these packages. A business owner can buy higher limits of employee dishonesty, forgery, alteration, computer funds fraud and transfer fraud, social engineering coverage and more.

So, now that you know what’s available, and why you might want to consider these policies, how do you get quotes? We’ll, we can provide those and we use many different companies to do so such as:  Philadelphia Insurance Company, Travelers Insurance, Chubb Insurance Companies, Cincinnati Insurance Companies, and access to many others as well.

In summary, even private companies have risks of lawsuit which can be covered. Many policies and companies are available to find the best fit to protect you and your assets. Call me or my agencies to find out more, or visit us online William A. Smith & Son, Inc.


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At William A. Smith & Son, Inc. our goal is to professionally and respectfully serve the personal and business insurance needs of our insureds and claimants. Information which you provide or we collect about you when you apply for insurance or when you file a claim helps us to achieve that goal. You provide us with most of the information about you that we use in evaluating your application and servicing your insurance policy or your claim. This enables us to provide coverage to you at the best price or to service your claim promptly and fairly.

We know that the trust of our insureds and claimants is our most important asset. This includes the trust that we will keep the information about you secure and treat it only as permitted by law. This disclosure and notice tells you about the privacy policy we have adopted and the practices we use in handling this information.

1. Information We Collect:
We collect nonpublic personal information about you from the following sources:

  • Information we receive from you on applications or other forms;
  • Information about your transactions with us, our affiliates or others;
  • Information we receive from a consumer reporting agency; and
  • Information we receive from a department of motor vehicles and from a Comprehensive Loss Underwriting Exchange


Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional information will be collected from you.

2. Information we may disclose to third parties:
We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law.

3. Our practices regarding information confidentiality and security:
We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products and services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.

4. Reservation of the right to disclose information in unforeseen circumstances:

In connection with potential sale or transfer of its interests William A. Smith & Son, Inc. and its affiliates reserve the right to sell or transfer your information (including, but not limited to, your name, address, age, sex, zip code, state and country of residency and other information that you provide through other communications) to a third party entity that 1) concentrates its business in a similar practice or service; 2) agrees to be William A. Smith & Son, Inc.’s successor in interest with regard to the maintenance and protection of the information collected; and 3) agrees to the obligations of this privacy statement.


Compensation Disclosure

Dear Clients and Prospects:

The State of New York and many other states require that Insurance Producers and Agencies disclose how they are compensated by Insurance Companies. William A. Smith & Son, Inc. and its affiliates and subsidiaries receive various forms of compensation or commission from the insurance companies we place insurance policies with. Below is an outline of this compensation. More detailed information is available if you require it, pursuant to the Insurance Department Regulations.

This information is provided pursuant to New York State Insurance Department Regulation 194 (11NYCRR30.3).

  1. Compensation.  Based on the sale of the insurance selected by you (“the purchaser”), the total compensation expected to be received by Smith William A & Son Inc. , Orange Benefits Partners or William A. Smith & Son Insurance Agency, LLC (“the producer”), including by any parent, subsidiary or affiliate of the producer,  is as follows:Known Compensation.  The producer (including any parent, subsidiary or affiliate of the producer) expects to receive a  percent of the one-year premium you pay on this policy.

    Estimated unknown additional compensation.  Based on some sales of insurance, the producer (including any parent, subsidiary or affiliate of the producer) may be eligible to receive additional compensation depending on a number of factors including premium and policy volume, losses and profitability.  If an estimate appears below, the sale of the insurance selected by the purchaser may help the producer (including any parent, subsidiary or affiliate of the producer) qualify to receive additional compensation, the exact amount of which is unknown at this time.      Unknown compensation is estimated to be 0% to 3%.

  2. Producer prohibited from rebating compensation.  There are a number of sections of the Insurance Law that pertain to rebating and inducements and each has specific applicability to different kinds of insurance.  Collectively those provisions prohibit an authorized insurer, licensed insurance producer, or any person acting on behalf of any such insurer or insurance producer from directly or indirectly paying or offering to pay an insured any rebate from the insurance premium specified in the insurance policy or contract, or giving or offering to give any valuable consideration or inducement, not specified in the insurance policy or contract.
  3. Material Ownership.  The insurer issuing the insurance contract to the purchaser (including any parent, subsidiary or affiliate of the insurer) has material ownership interest in the producer (including any parent, subsidiary or affiliate of the producer), as follows:  None

Not all quotes are created equal! Give us a call after you’ve received yours. We would love the opportunity to go over it with you and be sure you are getting the best coverage at the best price.