ESOP Association - Northwest Chapter - 2025 Fall Conference

David Johanson, senior partner at Hawkins Parnell, will discuss "D&O Insurance: Handling Lawsuits Company & Personally" during the 2025 Fall Conference hosted by the Northwest Chapter of the ESOP Association. 

The insurance market for ESOP corporations for Directors and Officers Liability and ERISA Fiduciary Liability is constrained, with many underwriters unwilling to consider offering quotes. This is because of the “war on ESOPs” that the Secretary of Labor has waged for many decades and the active class action litigation that the private plaintiffs’ bar has pursued as well. The available policies can be expensive and have limitations and exclusions that may impact how a defendant responds to and defends a claim.  Directors and Officers have PERSONAL liability, which this session will also explore. This session will feature actual claims and litigation stories and clear recommendations on obtaining the correct policy language for your ESOP’s circumstances.  It will also address the defense of U.S. Department of Labor and Employee Benefits Security Administration investigations, which may also be insured.