Directors and officers have traditionally been shielded from personal liability for decisions made in relation to the company they work for. However, the rapidly changing legal and regulatory environments across the world have meant that directors and officers are no longer able to rely on protection from the firm.
Allegations of environmental mismanagement, employee disputes, health and safety, corporate misconduct or corrupt practices result in the directors and officers (D&O) being the target of a matter. This is particularly common within the mining industry.
For listed companies, the risk is higher. Shareholder activism has led to claims being brought against directors and officers for breaches of their duty to shareholders; there has also been a rise in claims brought by third parties, such as customers or clients taking action against company directors.
We provide insurance solutions across the mining industry for directors and officers. Our team of experts will work with you to find the right solution for D&O risks and help you manage crime risks with our crime and social engineering (CASE) product providing cyber liability insurance and financial protection.
WHAT WE DO
The mining industry has historically managed high levels of regulatory supervision. Yet increasingly, directors of mining companies of all sizes are being considered personally liable for the impact of corporate decisions.
Traditionally directors’ and officers’ insurance (D&O) claims have been more commonplace in mining territories in North America and Australia however many emerging markets are now becoming more litigious, making the risks all the more complex.
We can help mining companies manage their D&O risk exposures.
No two mining companies have the same risk profile; risk is specific to country, project phase, commodity and a range of other factors. Our management liability team will work with our mining clients to structure a policy that is tailored precisely to your needs.
D&O RISKS FACING MINING COMPANIES
Legal and regulatory breaches
Regulators such as the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) in the USA, the Financial Conduct Authority (FCA) in the UK, the Canadian Securities Administrators (CSA) in Canada and the Australian Securities and Investments Commission (ASIC) are increasingly holding directors and officers of mining companies to account, particularly with regards to disclosure standards and forward-looking statements.
Bribery and corruption allegations
Many mining companies operate in territories where bribery and corruption is prevalent, or where making payments or gifts during the course of business transactions is local business custom. Legislation such as the US Foreign Corrupt Practices Act (FCPA) or the UK Bribery Act mean that even if a D&O has not personally paid or received a bribe, the failure of the commercial entity to prevent bribery still rests with the D&Os.
Corporate manslaughter allegations
While a company’s liability policy (or in the case of pollution, an environmental liability policy) will cover property damage and bodily harm to third parties, corporate manslaughter is coverable under a D&O policy. For mining company D&Os, this offers a layer of protection in the event of major environmental damage, or disability or loss of life to employees. Claims can occur when it is alleged that serious management failures resulted in a gross breach of duty of care.
Merger and acquisitions
Many mining companies have divested assets in recent years. During the mergers and acquisition (M&A) process, there are long-term risks associated with failures in due diligence, misrepresentation, omission, reporting errors, inaccurate or inadequate disclosure.
Mining companies operating across multiple jurisdictions are exposed to broad variations in country employment practices. This risk is further increased by the growing trend of claimant-friendly jurisdictions. Regulator-led whistle-blower initiatives are also gaining momentum.
Our management liability team's key stats
Our mining team has the experience and expertise to offer you not just risk transfer insurance products, but a range of associated services to help you view your risk holistically.
Here’s what makes our management liability offering different:
- Our global network means we have specialists in each major mining country worldwide
- We were founded in 2001 and have 135 financial risks specialists in London
- GBP 35 million of annual premiums placed into the London insurance market and over 350 management liability clients
- We have the leverage to enhance and produce new products quickly as market conditions change
- Our market-leading claims advocacy for mining sector losses.
Our extensive D&O coverage includes:
- D&O limit range from USD 1 million to USD 500 million
- Coverage for mismanagement resulting in bodily injury to your workforce
- JLT LASER – JLT’s specialist enhanced D&O Side A solution
- Enhanced coverage for pollution related mismanagement
- Policy health checks to review existing cover highlighting potential enhancements and benchmarking you against your peers.
Our insurance product range also includes:
Our Crime and Social Engineering (CASE) product, which provides enhanced financial protection to the balance sheet from the consequences of employee dishonesty and third party fraud.
While mining companies have become ever more sophisticated at managing crime risks, social engineering – a new type of fraud – is on the rise. A company’s electronic funds, intellectual property, financial data and reputation are all potentially vulnerable as mining company headquarters are increasingly targeted by cyber criminals.
Companies involved in significant levels of M&A also are exposed to ‘acquiring’ fraudsters as a bi-product of the M&A process.
Specialist employment practices insurance covering the mining company itself against claims filed by employees, former employees and candidates regarding their employment status and rights.
Mining companies can be particularly exposed to workforce lawsuits on account of the dangerous nature of mining operations. Coverage is designed to protect the company, its directors, officers and its current and former employees.