Management Liability FAQs

What makes Berkley Management Protection a strong choice for directors and officers and employment practices coverage?

Quick answer: Berkley Management Protection specializes in management liability: directors and officers, employment practices liability, and fiduciary liability.

Berkley Management Protection packages directors and officers (D&O) and employment practices liability (EPL) coverage together in a single, coordinated program built for private companies and nonprofits (see also Georgia nonprofit board D&O liability). That bundled approach means fewer gaps between policies and a cleaner claims experience when an issue involves more than one coverage line.

What does Berkley Management Protection's D&O and EPL program cover?

D&O liability protects an organization's leaders against claims arising from governance decisions, strategic direction, or management choices. EPL covers claims from current or former employees alleging wrongful termination, discrimination, or harassment. The combination addresses the most common leadership-level liability exposures that a general commercial policy does not cover (see also what is professional liability insurance).

Berkley Management Protection's program typically includes:

  • D&O liability coverage for directors, officers, and in some forms, the entity itself
  • EPL coverage for wrongful termination, discrimination, harassment, and retaliation claims
  • Fiduciary liability, which addresses claims arising from benefit plan administration
  • Crime coverage, protecting against employee theft and fraudulent transfer

Why do private companies face different D&O risks than publicly traded corporations?

Without shareholder securities claims as the primary driver, private company D&O claims tend to center on disputes with investors, lenders, creditors, or other stakeholders, along with regulatory actions and vendor or competitor allegations. A program designed specifically for this segment addresses those exposures directly rather than adapting a form written for public companies.

For example, a private technology company in Alpharetta facing a dispute with a minority investor over management decisions could see a D&O claim filed even without any securities fraud allegation: a type of claim a public-company policy form may not address as cleanly.

How significant is employment practices liability exposure for Georgia businesses?

Employment-related claims, wrongful termination, harassment, discrimination, retaliation, are among the most frequently filed liability claims against small and mid-sized employers. Georgia is an at-will employment state, but at-will status does not shield employers from discrimination claims under Title VII, the ADA, the ADEA, or state-level equivalents. Even when an employer prevails, defense costs alone can run into five or six figures (see our guide on claims-made vs. occurrence policy structure).

For example, a Gwinnett County company with 25 employees that terminates a worker and faces a wrongful termination claim may spend $75,000 or more in legal defense costs before the case is resolved, regardless of the outcome.

Why does a bundled management liability program reduce claim friction?

Management liability claims rarely stay in a single lane. A termination dispute can trigger both an EPL claim and a D&O allegation if a former employee argues that leadership acted improperly. A coordinated program with a single insurer reduces the friction of coverage disputes between carriers when a claim crosses lines.

How does Berkley Management Protection fit organizations available through Olive Cover?

Coverage is available through Olive Cover (Olive Insurance Services, LLC). The right program limits, retentions, and endorsements depend on the organization's size, industry, employee count, and ownership structure. A coverage review with an advisor is the practical next step to match the policy to the specific exposure.