Texas Management Liability Insurance

Texas law permits an enterprise to buy insurance or establish another arrangement for current or former governing persons, officers, employees, and agents even when ordinary indemnification is unavailable; a self-insurance or non-insurer arrangement for otherwise non-indemnifiable liability needs owner or member approval. For a privately held company, compare the bylaws and indemnification agreement with Texas Business Organizations Code § 8.151, Insurance and other arrangements and the policy’s advancement terms.

What Is Management Liability Insurance?

Management liability packages can combine D&O and employment-practices coverage for leader and workplace claims, while benefit-plan protection may be a separate part. Shared limits can let a claim in one part reduce what is available for another, so compare the limits across the quote. Read the national Management liability guide.

What to Watch for With Management Liability in Texas

  • Employment And Corporate Claim Handling

    Chapter 8 defines an “enterprise” as a domestic entity or organization subject to that chapter; it also defines covered persons and includes an inquiry or investigation that could lead to a proceeding. Ask how the EPL form handles this allegation type, including wage-and-hour exclusions, defense sublimits, and notice triggers. 2

  • Private Company Indemnification

    Under § 8.151(c), self-insurance or an indemnity agreement with the enterprise or a person not regularly in the insurance business can cover a liability beyond normal indemnity power only with owner or member approval. As a private company, compare your bylaws and indemnity agreement with the policy’s advancement language; § 8.151(c) does not itself promise insurance payment. 1

  • Owner Reporting After Indemnity Or Advances

    Texas § 8.152 requires an enterprise to report indemnification or an expense advance to its owners or members with or before the next meeting notice or consent submission, and no later than one year after payment. Ask who will log the first written notice and confirm the policy reporting date. 1

Which Management Liability Providers Have Texas License Records?

No provider in our research has both a state license record and a listing for this coverage line. This does not establish that providers are unlicensed. Check the regulator’s license lookup and confirm availability with a provider when requesting a quote.

Who Regulates Insurance in Texas?

Texas Department of Insurance

TDI licenses agents and insurers, reviews company rate filings, and investigates complaints against insurance companies and people it regulates. Its complaint page states limits on what it can resolve, including disputes outside its regulatory authority. 5,6,7

Surplus-Lines Tax and Stamping Office in Texas

Reported tax rate. 4.85% of gross premium plus 0.04% SLTX stamping fee 8,9,10

When Texas is the insured’s home state, the state tax is 4.85% of gross premium; absent a compact allocation agreement, a multistate policy can be taxed on its entire premium. Policies effective on or after Jan. 1, 2024 also carry a 0.04% stamping fee; SLTX invoices the broker and says the insured pays it, and the surplus-lines insurer is not covered by the Texas guaranty association.

Surplus Lines Stamping Office of Texas

Questions to Ask Before You Buy Management Liability in Texas

  1. Which Texas employment-law allegations and agency notices did you account for, and how do the EPL form’s wage-and-hour exclusion and defense sublimit apply?
  2. For our Texas private company, when do the charter, bylaws, or indemnification agreements require us to advance a leader’s defense costs, and when does the policy respond?
  3. Does the quote include fiduciary-liability coverage, and which plan fiduciaries need a separate ERISA fidelity bond?
  4. Does the policy treat an agency charge, written demand, and filed lawsuit as separate claim triggers, and what notice date applies to each?

Management Liability Insurance in Texas: Frequently Asked Questions

What employment-law exposure should a Texas business discuss when buying management liability?

Texas law permits an enterprise to buy insurance or establish another arrangement for current or former governing persons, officers, employees, and agents even when ordinary indemnification is unavailable; a self-insurance or non-insurer arrangement for otherwise non-indemnifiable liability needs owner or member approval. The policy notice deadline is separate from any agency filing deadline. 1,2

Does Texas corporate law determine what a D&O policy pays?

For a privately held company, compare the bylaws and indemnification agreement with Texas Business Organizations Code § 8.151, Insurance and other arrangements and the policy’s advancement terms. The statute does not itself define what the insurer must defend or pay; check those terms in the policy. 1,2

Is a plan fidelity bond the same as fiduciary-liability insurance for a Texas business?

No. ERISA requires a fidelity bond for covered plan fiduciaries who handle plan funds; Texas law also law permits an enterprise to buy insurance or establish another arrangement for current or former governing persons, officers, employees, and agents even when ordinary indemnification is unavailable; a self-insurance or non-insurer arrangement for otherwise non-indemnifiable liability needs owner or member approval addresses a separate company-law issue. Ask whether the policy includes fiduciary-liability coverage in addition to the bond. 1,3,4

Management Liability Insurance Guides for Other States

Other coverage in TexasEvery coverage guide for Texas, plus the regulator and surplus-lines details.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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