Wrongful act

The event triggering coverage under many professional liability policies. Typically, a “wrongful act” is defined as an act, error, or omission that takes place within the course of performing professional services.
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UK: Loss arising from any wrongful act is the insured event under a directors’ and officers’ liability insurance. It is defined within the policy in these terms: ‘any actual or alleged breach of duty breach of trust neglect error misstatement omission breach of warranty of authority or other act done wrong fully attempted by any Director or Officer.

Wrongful acts

This is the basic covered injury or damage in a directors and officers policy. Such acts include unintentional negligent acts, omissions or breaches of duty, or errors relating to the operation of the community association. They are typically defined in D&ampO insurance policies to mean any act, error, omission, misstatement, misleading statement, neglect or breach of duty actually or allegedly committed or attempted by insured directors and officers in their capacity as such, or any other matter claimed against insured directors and officers solely by reason of their serving in such capacity. D&ampO policies only cover claims against directors and officers for such a wrongful act. In EPL policies, “wrongful act” is defined to include numerous types of wrongful employment practices, such as wrongful termination, discrimination, sexual harassment, etc. In fiduciary policies, “wrongful act” is typically defined as breach of a fiduciary duty imposed by ERISA or negligent administration of an employee benefit plan. What is a wrongful act varies from policy to policy. Some D&ampO policies add advertising injury and personal injury to wrongful act coverage.

Wrongful conversion

See: Conversion. The wrongful conversion section of the motor trader’s policy covers the insured for: (a) the loss which occurs when a vehicle, purchased from a person who is not the true owner, is reclaimed by the true owner or to whom compensation has to be paid; and (b) loss following the sale of a vehicle in circumstances where the trader is unable to pass a valid title to the purchaser who may claim damages against the trader. The insurance is conditional upon the trader carrying out a check on possible hire purchase agreements that may be in force before parting with his cheque. The trader generally carries the first 20 per cent of any loss.

Wrongful Dismissal

The dismissal of an employee when the employer is in breach of contract. The employee can found a common law action on the breach. An employee, summarily dismissed in breach of his notice and other contractual entitlement, will have a claim for damages unless the dismissal was justified under the employment contract. The risk is insurable by the employer under employment practices liability insurance and legal expenses insurances. Compare with unfair dismissal.

Wrongful trading

A director who trades on knowing that there is no reasonable prospect that the company will avoid going into liquidation, paying its debts and the winding up expenses is guilty of wrongful trading. The Insolvency Act 1986, s.214, provides that a civil remedy may lie against the director who may then become personally liable to contribute to the assets of the company for the benefit of creditors. See DIRECTORS’ AND OFFICERS’ LIABILITY INSURANCE.