3. Is any portion of the company’s D&O insurance dedicated solely to you?

• Shared Limit. The limit of liability in D&O policies is shared by a multitude of people. Insured persons under D&O policies include past, present and future directors and officers or their foreign equivalents, employed lawyers and for securities claims, non officer employees. The amount of coverage available for a former director or officer can be eroded or exhausted by losses incurred by other insureds.
• Entity Coverage. Under most D&O policies, the company itself is an insured party for certain types of claims. In addition, policies typically cover past and present subsidiaries, partnerships and joint ventures, all of which can deplete the limits available to protect former directors and officers.
• Combined Coverage. D&O policies are often combined with other coverages such as Employment Practices Liability, Fiduciary Liability, Employed Lawyers, and Errors and Omissions. The combining of coverages can deplete the limits available to protect former directors and officers.
• Accessing the Policy Proceeds in the Event of Bankruptcy. Under most D&O policies, when the company files bankruptcy the D&O policy is automatically frozen, and the insureds cannot access the policy unless allowed by the court. However, a policy which only insures directors and officers and not the company, can continue to pay losses during and after bankruptcy.