The Directors and Officers/Public Officials Liability Insurance Program provides protection for financial loss as a result of a claim alleging a wrongful act, error or omission, etc. in the executive/management level of an agency. It also provides coverage for Employment Practices Liability Insurance (EPLI) for claims brought by employees or potential employees alleging a wrongful employment practice and/or harassment or discrimination. SORM D&O Program Participants (PDF).
SORM selected Arthur J. Gallagher & Co. to service the account and coverage is written through ACE USA. Effective September 1, 2015, the contract for Arthur J. Gallagher was renewed.
What is covered?
Liability protection is available for the Insured Person and the State Agency in the course of their public duties.
The program can include the following coverage but not limited to:
- Directors’ and Officers’/Public Officials Liability
- Broad Employment Practices Liability
- Third-Party Employment Practices
- Privacy and Network Security Liability
- Crisis Management Fund
- Nonprofit Outside Directorship Coverage
- Fiduciary Liability
Privacy and Network Security Liability can be provided as a sublimit or separate policy to cover the liability exposures encountered with privacy and network security violations. This includes failure to properly handle, manage, store, destroy, or otherwise control personal information or the failure to protect your network against unauthorized access or use. In addition, certain first-party coverage for expenses incurred by an insured can be provided as a result of a breach of personal information.
Crisis Management Fund is a sublimit within the policy that provides public relations, advertising expense, etc. as a result of a defined event likely to cause adverse publicity to your organization due to a covered claim.
Nonprofit Outside Directorship Coverage can be provided if you are an agency that provides service on certain nonprofit boards.
EPL AssistTM is a service provided to the program’s participants that is a resource for the Legal and Human Resources department. The web portal contains a wide variety of resources ranging from employment law, legal content, forms and analysis, and the ability to interface directly with Littler lawyers. In addition to the web portal, participants are given a toll free hotline service number as well as training webinars and podcasts.
How do I obtain a quote?
- ACE Express Application (PDF): If you are a College, University or Healthcare Operation, complete and return this application at your earliest convenience.
- ACE Public Entity Liability Application (Word): All agencies other than a College, University or Healthcare Operation, complete and return this application at your earliest convenience.
Please attach copies of the following to application:
- Audited Financial Statement of Budget for the most recent available fiscal year, if the applicant has more than $500,000,000 in Annual Budget.
- Minimum of last 3 years of liability claim loss runs (5 years desired).
- Current Employee Handbook including procedures on sexual harassment, discrimination and employee grievances, if the applicant has more than 1,500 full-time and part-time employees.
- Copy of the Public Entity’s Employment Termination procedures, if the applicant has more than 1,500 full-time and part-time employees.
Previous SORM Symposium Presentations:
- Directors’ and Officers’ 101 – An Introduction to D&O (PDF)
- Employment Practices Liability Insurance (EPLI) claims in the 5th Circuit (PDF)
- Cyber Claims (PDF)
All inquiries and documents can be submitted via e-mail.
If you have any questions, please contact Allyson McDonald at 512-936-1483.