Financial Institutions Questions & Answers

 

JLT Specialty’s Financial Institutions team works with clients to create effective insurance programmes that address sector and company specific risks. 

The team answer a series of frequently asked questions. Contact us if you would like to discuss any of these questions and answers in more detail.

WHAT HAPPENS IF...


Enhance your cover by building into your buyer’s warranty and indemnity (W&I) insurance policy such as additional protections as a longer survival period or a synthetic tax covenant.

You can use a buyer’s warranty and indemnity (W&I) insurance policy, offering a competitive purchase price, but allowing the seller to limit their liability once the deal is done. The seller achieves a clean exit and you remain protected for breaches of the sale agreement if there is ever a problem with one of the seller’s warranties.

Build a buyer’s warranty and indemnity (W&I) insurance policy into the structuring of the deal right at the Heads of Terms stage. This will enable the buyer to get protection for breaches of the sale agreement warranties post completion and, as seller, you will have a clean exist post-transaction.

Eliminate your tax risk by taking out a standalone tax policy, which would protect you against financial losses suffered, in the event that the insured tax treatment is challenged by the tax authorities.

A company can purchase Public Offering Securities Insurance (POSI). This can be bought as part of an original Directors & Officers policy or as a stand-alone policy.

This is known as a ‘Fake President’ scam, whereby an individual extracts money from a company by imitating a senior figure within the firm. A Crime and Social Engineering wording (CASE) may cover losses arising out of events like this. This type of loss is becoming more and more common in almost all industry sectors.

The insurer will usually provide the client with some additional time to pay the premium, however this is discretionary. If the insurer feels as though the premium will not be paid they will issue a Notice of Cancellation (NOC), and the policy will be cancelled from the date of inception. This would mean that the director or officer is not covered due to the failure of the company to pay.

Your insurance broker can advise you whether to split up the professional indemnity and directors and officers limits of liability into separate towers in order to avoid this.

Speak to your insurance broker for advice on how to notify your insurers of a potential claim, in order to ensure that your relationship with your client is preserved.

As a potential negligence claim, contact your broker to assist in the notification to your professional indemnity insurers whilst still preserving your relationship with your client.

Contact your insurance broker for advice on how to notify your insurers of a potential claim, in order to insure that your relationship with your client is preserved.

Contact your insurance broker to request companywide training in assisting you in the creation of one culture with one unified risk management policy.

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