Rick Toland, who heads up this specialist area has been involved in the Financial Products (D&O/E&O/EPL/Cyber) space for over thirty years. He established his reputation by finding D&O Liability solutions for companies with high-risk profiles (financial issues, tech companies, financial institutions that were under a federal investigation, companies with D&O claim history and companies looking for Run-Off, who hadn’t purchased D&O coverage previously to name but a few) in a market that has many similar characteristics to the challenging one we face at the moment (limited capacity and limited appetites from most insurers). 

Management Liability

D&O has morphed into a multi-faceted coverage and Waters Insurance Network is actively involved in the following areas:

• Public Companies – Primary, Excess and Side A XS DIC for all business segments
• Initial Public Offerings (IPO’s)
• Run-Off Programs (M&A Activity)
• Private Companies – Stand alone D&O or Blended programs, including D&O/EPL/Fiduciary/Crime coverages
• Non-Profit organizations/associations – Stand alone D&O or Blended programs including EPL and E&O
• Private Equity/Venture Capital – Standalone D&O or Blended programs including Investment Fund Management E&O and Portfolio Company coverage
• General Partnership Liability – Normally Real Estate related. Stand alone GPL or Blended programs including Real Estate E&O/Property Management E&O or Investment Fund Management E&O
• Special Purpose Acquisition Companies (SPACs)

Employment Practices Liability – Employment Practices Liability has seen significant claims activity, especially in the states of California, New York, Florida, and Texas. We have access to markets that will underwrite the following: 

• Hospitality companies
• Cannabis companies
• Companies with organized labor (unions)
• PEO’s (Professional Employer Organizations)
• Financial Institutions (employers where there is a large proportion of highly compensated individuals) 

We also have markets that will provide Wage & Hour Defense and Indemnity Coverage in most states. 

Errors & Omissions/Professional Liability – We are active in the placement of a number of classes of Professional Liability: 

• Attorneys – including those involved in Entertainment, SEC, Plaintiff and Patent Law
• Insurance Agents/Brokers – some insurers will still provide defense costs in addition to the limit of liability
• Architects & Engineers – both practice and project policies
• Investment Managers/Advisors – Blend with D&O
• Consultants
• Doctors/Dentists/Nurses
• Allied Medical
• Real Estate Brokers/Property Managers
• Technology companies
• Miscellaneous classes 

Fiduciary Liability – We can access markets that provide stand-alone Fiduciary Liability policies, normally utilized by publicly traded companies or in conjunction with the D&O for private companies. We can develop terms for companies with an ESOP (Employee Stock Ownership Program) as well.

Representations & Warranties – We have access to the majority of the insurance markets that provide coverage for a variety of transactions involving Mergers & Acquisitions of companies, assets and even intellectual property rights. We are in discussions with several London Markets to develop a “Parametric” (index-based) solution for this class of business. 

Cyber Liability – We access markets that can provide stand-alone Cyber or can underwrite this coverage in conjunction with Media and/or Technology E&O if the Insured is involved in either the Tech or Media space. We are also able to add our Concierge Cyber service to these policies to retain more operational independence post loss and 24/7 third party response.