SPECIALTY COVERAGES PROVIDED BY KINKER-EVELEIGH INSURANCE Click the coverage you are interested in and link to a description.

Consultants Professional Liability		Miscellaneous Professional Liability

Director's & Officer's Liability for Public and Private Companies		Multimedia Liability

Employment Practices Liability for Franchise Organizations		Not For Profit Organization

Employment Practices Liability for Professional Firms		Outside Directorship Liability

Employment Practices Liability for Private and Public Companies		Tenant Discrimination/ Employment Practices Liability/Property Management E&O

Fiduciary Liability		Real Estate Professional Liability

Initial Public Offering (IPO) Liability		Representations & Warranties

Internet Liability Insurance		Workplace Security

For more information on any of the products, please contact Kathleen M. Bogenschutz, CPCU, Marketing Manager at kbogenschutz@ekinker.com

Consultants Professional Liability: Protects consulting firms against professional liability claims. Features: Punitive damages (where insurable by law); Choice of counsel with retention of $25,000 or more

Directors and Officers Liability Insurance (D&O): Executive Liability and Indemnification coverage for directors and officers (and the company to the extent it indemnifies the directors and officers) for defense costs within the policy limits, settlements and judgments on account of claims by shareholders, employees, creditors, customers, competitors, regulators and other third parties for a broad range of allegations. Insures all directors and officers (past, present, and future) of a corporation and its subsidiaries. Entity coverage now available. Limits are available up to $50 million.

Employment Practices Liability Insurance for Franchise Organization: An EPL policy specifically designed to protect against the unique risks of franchise owners. Features: Removal of Franchisor from Litigation; Class Action coverage; Punitive Damages where insurable by law; Entity Coverage; Duty to Defend; No "Intentional Acts" Exclusion.

Employment Practices Liability Insurance for Professional Firms: Protects professional firms against employment practices claims, such as harassment, discrimination, wrongful termination, retaliation, and other workplace torts. Features: Coverage for failure to make partner claims; coverage for claims by partners; no intentional acts exclusion.

Employment Practices Liability Insurance (for private and public companies): Protects the entity, its directors, officers, and employees against a claim brought by or on behalf of a current, prospective, or past employee for a broad range of allegations including: wrongful termination, racial discrimination, sexual harassment, etc. Features: Punitive Damages where insurable by law; duty to defend.

Fiduciary Liability: Protects the entity, subsidiaries, directors, officers, employees, and benefits plans against losses resulting from actions under two types of alleged wrongdoing: Breach of fiduciary duty (i.e., ERISA violations) and wrongful administration of employee benefit plan. Features: Defense Outside the Limit of Liability optional; Duty to defend; Limits up to $50 million.

Initial Public Offering Liability Insurance: Provides coverage for the unique exposures associated with an initial public offering, as well as subsequent securities offering. Features: Responds to claims under both the Securities Act of 1933 and the Securities Exchange Act of 1934; protects entity for securities claims, provides indemnification for investment advisors; investigation costs coverage for shareholders' derivative demands.

Internet Liability Insurance: Copyright Infringement - A trade association posted files that contained copyrighted clip art on its web page. The company owning the copyright for the clip art sued the association for copyright infringement. Defamation (email) - An employee sent an email to several officers of his company that questioned the professionalism of a service vendor. The officers further distributed the email throughout the organization. The vendor learned of the email and brought suit against the employer, alleging that the interoffice email was defamatory. Defamation (web site) - A company launched a web site that included unfavorable remarks about a competitor. The competitor sued, alleging defamation. Invasion of privacy - A dance center listed a former employee's name as a contact person on its Internet web site. The former employee brought suit against the dance center, alleging unauthorized use of her name for advertising purposes and invasion of privacy. Trademark infringement (domain name) - A bowling alley named "Rock 'N' Bowl" had an Internet web site with the domain name "rocknbowl.com". The operator of a bowling alley in another state, which held a federally registered trademark on "Rock 'N' Bowl", brought suit, alleging trademark infringement. Trademark infringement (metatags) - A perfume company put the names of famous perfume brands in its web site's "metalanguage" - the hidden language that search engines read when responding to a search request. The perfume company did this in order to increase the number of hits to its web site. The owner of one of the famous brands sued the perfume company for trademark infringement. Internet Service Providers Web Hosting Companies E-Businesses

Miscellaneous Professional Liability: Provides Errors and Omissions (E&O) coverage for more than 40 categories of professionals. Features: Customized coverages to meet distinct needs of individual professions, including specially-tailored policy forms and risk management programs.

Multimedia Liability: Protects media businesses against liability claims arising from the content of published or broadcast material. Features: Covers all mediums and modes of communication; broad "all risk" coverage, not limited to "named perils"; no hammer clause; claims handling flexibility - insured can elect on claim-by-claim basis to defend case itself or assign duty to defend to company.

Not For Profit Organization Liability Coverage (Non-Profit D&O): Covers employment-related claims including allegations of discrimination, harassment, wrongful terminations, claims alleging inefficient administration, waste of assets, failure to deliver services, personal injury, libel and slander, and publisher's E&O. Insureds include the organization, its directors, officers, committee members, volunteers, trustees and employees. Features: Duty to defend policy; defense outside the Limit of Liability is available; Spousal Liability; no deductible for individuals.

Outside Directorship Liability: Provides a separate limit of coverage for all past, present, and future officers for defense costs, settlements and judgments on account of claims that result from serving, at the insured's request, as a director or officer of a 501(c)(3) non-profit organization. Features: Endorsement to add coverage for officer serving on a for-profit board. Used in conjunction with D&O.

Tenant Discrimination/Employment Practices Liability/Property Management E&O: This is a combination policy which protects the property manager against: Discrimination claims brought by tenants, former tenants, prospective tenants or groups representing tenants. The policy also covers discrimination claims brought by guest of tenants. The policy covers class action lawsuits and any claims brought by HUD or similar local authorities including violations of the Fair Housing Act. Claims for wrongful eviction or denial of access to a guest of a tenant are also covered. Employment Practices Liability Insurance protects the entity, its directors, officers, and employees against a claim brought by or on behalf of a current, prospective, or past employee for a broad range of allegations including: wrongful termination, racial discrimination, sexual harassment, etc. Property Management Errors & Omissions Coverage protects the property manager against allegations of negligence, incompetence, or failure to perform duties which results in a financial loss to the property owner.

Real Estate Professional Liability: Protects large real estate firms against professional liability claims. Features: $25 million capacity; defense costs outside the limits, including all optional endorsements; defense inside option available; non-cancelable by underwriter; optional endorsement for choice of Defense Counsel.

Representations and Warranties: Protects the seller from financial loss resulting from a lawsuit caused by a breach of an insured representation or warranty. Features: Covers claims brought by or on behalf of a buyer for an alleged breach of a representation or warranty; Covers the selling company as well as any designated directors, officers, employees or shareholders; Right to choose counsel.

Workplace Security: Workplace Violence - business interruption, death benefits to victim's heirs, independent security consultants and security guards, and public relations consultants. Crime - investigative costs to determine the amount of covered loss, costs to resume business operations after a hacker infiltrates a computer system or a crime has occurred and costs to reproduce data destroyed by a perpetrator. Kidnapping - extortion threats, detention, hijacking, product recall and emergency political repatriation, including ransom or extortion payments, independent security consultants, security guards, public relations consultants, and death benefits to victim's heirs