2. 2
E. Andrew Keeney, Esq.
Kaufman & Canoles, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
(757) 624-3153
eakeeney@kaufcan.com
http://www.kaufmanandcanoles.com/movies/credit-unions.html
3. 3
Overview and Agenda
• Trends and Traps
• Class Action Litigation
• Bond
• Indemnification
• Methods or Means to Reduce Litigation Risks
• Best Practices and Takeaways
5. 5
Management & Professional
Liability: Trend Losses
Point of Emphasis: Always consider both frequency and severity
Source: 2011-2015 CUNA Mutual Group internal claims data
6. 6
Management Liability (D&O)
Coverage Drill Down
90% 10%
Percentage Of CUs That Include The Entity Option
As An Insured Person In The D&O Coverage
Entity (Credit
Union) Included
Entity (Credit
Union) Not Included
The above charts references natural person credit unions only (No Corporate Credit Unions)
7. 7
Management Liability (D&O)
Losses Drill Down
99%
1%
Percentage of Entity vs Individual Suits
Within The D&O Coverage
Entity (Credit
Union) Only Named
D&O Suits
Individual Named
D&O Suits
The above charts references natural person credit unions only (No Corporate Credit Unions)
8. 8
Class Action Litigation
Class Action Fairness Act of 2005
“Class actions can be a way of leveling the
playing field for poor or economically less
powerful individuals.”
10. 10
Methods or Means to Reduce
Class Action Litigation Risks
• Promptly investigate all of the facts
• Fix any mistakes – immediately
• Class action counsel
• Consider arbitration
• Pleadings – Motion to Dismiss
• Settlement
11. 11
Bond
• Who is covered?
• What is covered?
• What are the coverage limits and the
deductible?
18. 18
Best Practices and Takeaways
• Documentation
• Credit union policies
• Litigation hold
• Bond coverage
• Reports and monitoring
• Fight or settle?
19. 19
E. Andrew Keeney, Esq.
Kaufman & Canoles, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
(757) 624-3153
eakeeney@kaufcan.com
http://www.kaufmanandcanoles.com/movies/credit-unions.html