Defense Costs (2024)

  1. Insurance Terms & Definitions/
  2. Insurance Terms Starting With D

What are Defense Costs?

Defense Costs, as it applies to Directors and Officers (D&O) insurance, may refer to the expenses incurred by an insured (e.g. a director or officer of a company) in order to defend against allegations of wrong-doing or negligence. This could include legal fees, expert witness fees, court costs, and any other related costs.

Defense Costs in More Detail

Defense Costs are an essential element of D&O insurance, as they provide protection to directors and officers against the financial burden of defending themselves against claims made against them. Such costs can quickly accumulate and become highly expensive, which is why they are often excluded from other types of insurance coverage.

The definition of Defense Costs is relatively straightforward, but it is important to note that the specifics of the coverage can vary from one D&O policy to another. For example, some policies may exclude certain types of defense costs, such as those arising from criminal proceedings, while others may not.

In addition, some policies may provide coverage for defense costs only after the policyholder has exhausted their own financial resources in defending themselves. This is known as a “self-insured retention” or SIR. It is important to be aware of these details when selecting a D&O policy, as they can have a significant impact on the level of protection offered.

In summary, Defense Costs, as it applies to D&O insurance, refers to the expenses incurred by an insured in order to defend against allegations of wrong-doing or negligence. This could include legal fees, expert witness fees, court costs, and any other related costs. The specifics of the coverage can vary from one policy to another, so it is important to read the policy wording carefully and understand the details of the coverage offered.

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Defense Costs (2024)

FAQs

Defense Costs? ›

In summary, Defense Costs, as it applies to D&O insurance, refers to the expenses incurred by an insured in order to defend against allegations of wrong-doing or negligence. This could include legal fees, expert witness fees, court costs, and any other related costs.

What are the defending costs? ›

Defence costs are the cost that are incurred in the defence of a criminal trial in England and Wales. Should a defendant be acquitted they will almost always be awarded their defence costs. Defence costs will arise when a defendant is privately represented in a criminal matter.

What is defense costs inclusive? ›

A defence costs inclusive indemnity limit is the maximum amount an insurer will pay as compensation for any one claim, including any reasonable and necessary costs and expenses associated with defending, investigating, responding to, or settling the claim (including legal costs).

What are defense costs in CGL? ›

Defense costs endorsem*nts are nonstandard commercial general liability (CGL) endorsem*nts stating that if the insurer agrees to provide a defense to an insured, but it is later determined that the claim would not be covered by the policy, the insurer is entitled to reimbursem*nt of defense costs incurred up to that ...

What are defense costs outside limits of liability? ›

Under a DOL policy or “defense outside limits” policy, the defense costs incurred to defend a claim are outside of the limit of liability and are not applied against and do not reduce the limit of liability available to pay damages.

What are the costs of defense? ›

In summary, Defense Costs, as it applies to D&O insurance, refers to the expenses incurred by an insured in order to defend against allegations of wrong-doing or negligence. This could include legal fees, expert witness fees, court costs, and any other related costs.

What is defense cost and containment? ›

ALAE, also known as Defense and Cost Containment Expense, is the specific cost of adjusting a specific claim or loss. Therefore it is allocated to a specific claim or loss. It is expressed as both actual (paid) and reserve (estimated) amounts.

What is allocation of Defence costs? ›

In simple terms, allocation is the process of disentanglement which must take place to get to the components of the claim that the policy intends to cover. The process of allocation seeks to 'allocate' loss (defence costs and damages) between covered and uncovered parties and between covered and uncovered matters.

What are the two basic elements of CGL coverage? ›

There are three primary coverage sections that make up a CGL policy: premises liability, products liability and completed operations.

What is the difference between indemnity and defense costs? ›

It is the insurer's duty to defend you, to provide legal defense counsel to respond to allegations made against you, while the duty to indemnify is an obligation of the insurance company to actually pay any damages that may be owed as a result of those lawsuits.

Does general liability insurance cover defense costs? ›

Fortunately, the majority of insurance policies, such as Commercial General Liability (CGL) policies, provide that defense costs are “in addition” to the policy limits. But some policies, often times referred to as “burning limits” policies, provide that the cost of defense is included in the policy limits.

What are two defenses for liability? ›

[1] Once the elements have been established, the question then shifts to whether the defendant may still avoid liability by asserting a negligence defense. The most common negligence defenses are contributory negligence, comparative negligence, and assumption of risk.

What are prevention costs? ›

A prevention cost is any company spending intended to reduce the number of errors in products or services. Prevention costs can range from spending more to increase the quality of raw materials to increasing finances allocated for employee training.

What are the 3 major components of costs? ›

Elements of cost include Material, Labor, and Overhead costs. Material costs are the expenses on raw materials, Labor costs encompass wages and salaries, while Overhead costs cover indirect expenses like rent and utilities.

What are all the direct costs? ›

Direct costs are costs directly tied to a product or service that a company produces. Direct costs can be easily traced to their cost objects. Cost objects can include goods, services, departments, or projects. Direct costs include: Direct labor.

What is a cost of defense settlement? ›

A: When you are a defendant in a lawsuit instead of a plaintiff, there is the “cost-of-defense” settlement. You determine how much more money in legal fees you'll have to spend to defend the case all the way to trial, then offer that amount to the plaintiff to settle the case and stop the legal fees.

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