The Management of Operational Risk Through Appropriate Insurance Schemes

Professional liability risk On the other hand if professional errors and omissions result in losses for the client, such events are insurable. In order to effectively assess risks in this area, it is necessary to understand the difference between professional liability risks which may affect the Board of Directors and Officer (D&O) and those professional liability risks which affect the bank itself. Directors and Officer liability This coverage is for the directors and officer of a hank, and not for the bank itself. One of the most complex problems facing any business is the liability of its directors and officers (executive or non-executive). The personal assets of directors and senior officers may be at risk for losses arising out of the alleged negligent or imprudent acts or omissions of such individuals. The D&O coverage provides payment to the bank as it is the bank which purchases the policy to indemnify its directors and officers.. In addition, the D&O policy will reimburse directors and officers for losses for which the bank was unable to indemnify them for legal, regulatory, or financial reasons. Professional Indemnity This coverage is designed to indemnify the bank itself against litigation by customers, and other third parties alleging errors, omissions, misstatement or imprudence committed by directors, officers and employees in the performance of their service. These two areas encompass professional liability, and there is some overlap between the insurance coverages designed to address them. However, although D&O is narrower in scope in terms of the individuals covered, it is significantly broader in terms of the wrongful acts which it covers generally covering all wrongful acts not specifically excluded. On the other hand, PI covers only specific professional services provided by the bank - trust, brokerage, investment advisory etc. D&O policies may specifically exclude such services from coverage. Professional liability is created by the relationship between various parties including clients, regulators, shareholders, employees, vendors, joint venture partners and the banks. The relationship is based on the legal system in which the bank's activities take place. In addition, the same act may result in a liability situation for both the bank (through the actions of employees) as well as the Board of Directors. Thus acts of negligence or misconduct by employees, inappropriate or prohibited investments in a customer portfolio, errors in securities processing, failure to execute contractual obligations with a client may result in a liability for the bank However, the legal system may also involve allegations of mismanagement by the Board of Directors, regulatory non-compliance, product fraud, insider trading, bad loans which materially effect share price. In this case the liability may also extend to the Directors both singly and severally. Professional liability arise from a number of sources. Shareholder Actions - Globally, the largest single source of professional liability exposure arises from shareholder actions against management, officers and employees for negligence and misconduct. Client Services - The most rapidly growing area of professional indemnity liability exposure is in the area of the provision of client services. Trust, custodian relationships, buy/sell agreements, and investment advisory services all provide a large and growing exposure for both directors and officers and the bank itself. Employment Practices - Employment actions represent the second largest source of D&O liability globally. D&O claims arise from employees during major business transactions i.e. mergers, acquisitions, implementation of new technology, downsizing, as well as from hiring, promotion, transfer, and termination practices. Environmental Claims - The growth of environmental liability has coincided with the trend to impose personal liability on directors and officers who, in the performance of their duties, become subje