Products & Industries

OVERVIEW

Capital Bay Underwriting delivers world class specialty (re)insurance products and services to customers in emerging markets, with an primary focus on Financial Lines in Latin America and the Caribbean, and seeks to become a top player in emerging markets and a leading contributor to the advancement of specialty markets in these territories.

Available coverages include Management Liability, Professional Liability and Employment Practices Liability and Fidelity for both Commercial and Financial Institutions.

As insurance and reinsurance markets develop in Latin America and the Caribbean, customers continue to require new specialty products, capacity and expertise. Businesses in this region have growing insurance needs for both their traditional exposures and specialty products that can transfer more sophisticated risks. Capital Bay’s value proposition revolves around transferring sophisticated specialty risks efficiently and effectively, using innovative technology platforms and having highly experienced underwriters that can make decisions closer to the client and use innovative coverage solutions and risk transfer approaches.

Click here to view the Capital Bay Marketing Sheet for more information.

CAPACITY

High capacity any one claim and aggregate limit

Primary & Excess

PRODUCTS

Management Liability

In today’s constantly evolving world, with increased ethics, business standards and regulatory oversight, Directors and Officers (D&O) of large public companies listed on an exchange are not the only ones that can be held personally liable for their management decisions. Privately held companies and their D&O’s can also be held personally liable for their management decisions. Shareholders, employees, customers, suppliers, competitors and governments have the ability to question management decisions and sue any company, its Board of Directors, officers and employees. Supervisory, regulatory and enforcement authorities can also start investigations of possible regulatory violations.

Employment Practices Liability

As employment regulations are complex and protection of employees continues to expand, companies of all types and sizes have increased Employment Practices Liability (EPL) exposure and face potential claims made by employees or ex-employees alleging discrimination (for instance, based on age, disability, race, religion or sex), wrongful termination, sexual harassment, retaliation, defamation and other employment-related issues, such as failure to promote.

Professional Liability

In the service industry, all companies are liable for errors or omissions committed when providing professional advice to their customers. These customers are now more than ever aware of the legal recourses available to them when perceiving negligence and wanting to recover financial losses allegedly caused by services failing to perform to their expectations.

Crime / Fidelity

Fraud occurs in most companies, and in most cases, it is not being detected or reported. Large frauds can lead to the downfall of a company, but many companies and their management run their business with an inaccurate perception of their fraud environment. The facts don’t lie; a recent study by Kroll showed that over 75% of all companies have experienced internal fraud at some level, and in fact, a large portion of these frauds are committed by dishonest employees. In addition, third party fraud is also an important risk, as third parties, including vendors, consultants, etc., can also be the perpetrators of fraud schemes.

INDUSTRIES

FINANCIAL INSTITUTIONS

Financial Institutions of all types are evolving in a fast changing environment and becoming more complex. Adding to the volatility of the financial markets in which they operate, Financial Institutions are facing a large variety of risks that are always increasing. Together with their management teams, these businesses are under constant scrutiny from all sides, including regulators, shareholders and customers. Financial Institutions and their Directors and Officers can be affected by various litigation; even with the best internal controls and procedures in place, they can be victims of criminal acts, including traditional fraud but also cybersecurity threats.

The transfer of some of these risks to the (re)insurance industry is a critical element of a good Enterprise Risk Management (ERM) strategy for any Financial Institution to effectively address its evolving needs.

Capital Bay offers flexible (re)insurance options for a wide spectrum of Financial Institutions, including for Investment Managers and the Private Equity / Venture Capital industry with some comprehensive policies that combine various coverages into a single policy as a way to transfer many of their liabilities.

Banks, Credit Unions and Diversified Financial Institutions

In today’s competitive environment, banks and other financial institutions have added many other services to their traditional deposit-taking and loan-making activities to generate fee income that go well beyond these traditional banking operations. These activities have significantly increased their exposures, their regulatory oversight, and the risk of litigation.

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Securities Broker-Dealers

Broker-dealers face compliance challenges but are also subject to numerous and substantial risks inherent to their trading activities as they find themselves facing claims of negligence, misrepresentation, unsuitability of products sold to customers, failure to meet commitments, errors in connection with the processing of transactions, and many other examples of litigation.

Investments Advisers, Hedge Funds and Mutual Funds Managers

The investment management industry is becoming more complex and operating in an increasingly litigious environment. Due to the volatility and unpredictability of the financial markets, whenever investment returns do not meet investors’ expectations, the various actors of this industry are at risk of a lawsuit, even if it is groundless, which arise out of everyday decisions, actions, or errors, and increasingly from negligence or fraud by third parties. The expansion of regulatory requirements has also led to an increase in possible litigation from fund investors.

Global Business and Finance with Newspaper

Private Equity / Venture Capital Firms

Since the global financial crisis, regulators all around the world have implemented new and more intrusive regulations, and PE/VC firms are now under increased scrutiny from regulators. Regulations have dictated greater transparency resulting in PE/VC firms disclosing more and being more proactive in reporting. In addition, these firms still have to satisfy investors that are ever more demanding and looking for the best return on investment. Furthermore, the PE/VC industry is often hands-on when working with the management teams of their portfolio companies, which creates additional risks in regard to the management advice given to these investee companies.

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Insurance Companies

Companies in the insurance sector face challenges in many areas, including risks associated with alleged bad-faith claims handling and government regulatory compliance. Insurance companies face client claims resulting from the sales of life and health insurance, property and casualty insurance, or annuities and other insurance products. Many of the cases involve allegations of misrepresentation, inadequate coverage or product unsuitability.

COMMERCIAL ENTITIES

Commercial Entities of all sectors and industries, regardless of their size, are evolving in an increasingly litigious world and face greater exposure to potential risks and liabilities than ever before.

Capital Bay Underwriting will consider (re)insurance risks for all Commercial Entities across all sectors and industries for the following products: Management Liability, Professional Liability, Employment Practices Liability, Crime / Fidelity

Professionals that provide advice and services for a fee face potential liability from claims alleging breach of professional duty, negligence, errors, omissions, failure to perform work promised in a contract, inability to meet client expectations, etc., and subsequent financial losses suffered by their clients. Today’s litigious environment makes it essential for professionals to protect themselves from these allegations.

Capital Bay Underwriting considers Professional Liability (re)insurance risks across a wide range of professions. Our core appetite includes: