Director & Officer Liability Insurance

Protects corporate leaders from financial loss due to legal actions, covering legal costs, settlements, and securities-related claims

Protect Your Leadership, Secure Your Business
Director & Officer Liability Insurance provides coverage for directors and officers of a company from personal losses if they are sued as a result of serving in their corporate capacity. This specialized insurance protects against claims arising from decisions and actions taken in the course of their duties, covering legal costs, settlements, and securities-related claims.
Compliance & Governance
Protection & Personal Liability
Attracting Talent
Principal/Main Coverage under Director & Officer Liability Insurance

Defense Costs

Covers defense costs incurred by the insured, subject to policy limits. Defense costs may reduce the overall limit of liability.

Settlements & Judgments

Coverage includes amounts payable in settlements or judgments. The policy pays these amounts on behalf of the insured individuals.

Company Reimbursement

Includes reimbursement provisions where the insurer reimburses the company for indemnification provided to directors and officers.

Securities Claims

Covers claims related to management and disclosure obligations concerning company securities, including misrepresentations and insider trading allegations.

Why a Company Needs Director & Officer Liability Insurance

Protection Against Personal Liability

Directors and officers can be held personally liable for decisions made in their corporate roles. D&O insurance protects their personal assets from claims related to wrongful acts.

Attracting and Retaining Talent

Quality directors and officers are more likely to serve if they know they have protection against personal liability for their corporate decisions.

Compliance & Governance

Helps ensure compliance with corporate governance requirements and regulatory obligations.

Financial Protection

Protects the company's financial resources by covering legal costs and potential settlements that could otherwise drain corporate funds.

Probable Causes of Litigation Covered under Director & Officer Liability Insurance

Breach of Fiduciary Duty

Directors may face claims for failing to act in the company's best interest, a core coverage area under all policies.

Misrepresentation

False or misleading statements in public disclosures can lead to significant claims. D&O insurance covers such wrongful acts.

Employment Practices

Claims related to wrongful termination, discrimination, or harassment are often covered.

Regulatory Investigations

Directors and officers may be held accountable for regulatory non-compliance, including violations of laws and regulations.

Company Securities Claims

Claims related to management and disclosure obligations concerning company securities, including insider trading allegations and market manipulation.

Add-On Coverages for Director & Officer Liability Insurance

Tax Liability Cover

Provides coverage for directors and officers if they become personally liable for the company's unpaid taxes.

Entity Employment Practices Liability Insurance (EPLI) Cover

Extends coverage to the company itself for claims related to employment practices such as wrongful termination and discrimination.

Extradition Cost

Covers costs incurred if a director or officer faces extradition due to criminal or regulatory investigations.

Legal Representation Expenses

Helps pay for legal representation during formal investigations, including regulatory or administrative proceedings.

Automatic Cover for Subsidiaries

Automatically extends coverage to any newly acquired or created subsidiaries and their directors and officers.

General Exclusions under Director & Officer Liability Insurance
Fraud & Dishonesty - Deliberately fraudulent acts or intentional dishonesty
Sanction Clause - Activities involving countries or individuals subject to international sanctions
Absolute Cyber Risk - Claims arising from cyber incidents or data breaches
Bodily Injury & Property Damage - Personal injury or physical damage to property
Insured vs. Insured (USA) - Claims brought by one insured person against another
Money Laundering - Claims arising from money laundering allegations
Pandemic/Epidemic - Claims arising from pandemics or epidemics
Insolvency Exclusion - Claims arising from insolvency or bankruptcy proceedings
Claim Process under Director & Officer Liability Insurance

Notification

Notify the insurer as soon as a potential claim or incident is identified with relevant details.

Evaluation & Assessment

Insurer evaluates the incident to determine coverage, reviewing the nature of alleged wrongful acts.

Appointment of Legal Counsel

Insurer appoints legal counsel with mutual consent of the insured party.

Legal Strategy & Actions

Legal counsel formulates strategy, prepares defense, and explores settlement opportunities.

Documentation Review

Legal team reviews all relevant documents and evidence to build a robust defense.

Payment of Defense Costs

Insurer covers defense costs including legal fees and associated expenses during trial.

Settlement Opinion

Insurer and counsel may recommend out-of-court settlement to resolve claim efficiently.

Payout Disbursement

If case results in court-ordered award, insurer disburses payout per policy limits.

Who Can Get Covered under Director & Officer Liability Insurance
Directors - Board members and non-executive directors
Officers - CEO, CFO, COO, and other executive officers
Senior Management - Vice presidents and senior managers
Company Entity - The corporation itself under Side C coverage
Subsidiary Directors - Directors and officers of subsidiary companies
Former Personnel - Past directors and officers for acts during their tenure
Who Can Sue a Company Covered under Director & Officer Liability Insurance
Shareholders - Individual and institutional shareholders
Employees - Current and former employees
Competitors - Business competitors and industry players
Regulatory Bodies - Government agencies and regulatory authorities
Creditors - Banks, lenders, and other creditors
Suppliers & Customers - Business partners and clients
What Makes an Insurer the Right Choice for Director & Officer Liability Insurance

Financial Strength

The insurer's financial stability is critical to ensuring they can cover high-value claims and pay promptly.

Claims Handling Reputation

Look for an insurer with a proven track record in efficiently handling and settling claims.

Subject Matter Expertise

The insurer should have deep understanding of D&O liability risks and specialized knowledge in corporate governance.

Enhanced Treaty with Re-insurers

Strong reinsurance arrangements ensure the insurer has backing needed to handle large or complex claims.

Policy Flexibility

Ability to customize coverage to fit specific company needs with flexible limits and tailored endorsements.

Customer Service

Responsive and knowledgeable customer service team to guide policy selection and assist with claims.

Factors Determining the Limit of Indemnity/Sum Insured
Company Size and Financial Strength - Larger companies with higher revenues require higher coverage limits
Financial Statements - Auditor's reports and financial irregularities impact coverage needs
Industry Sector - High-risk industries like financial services need higher limits
Geographical Presence - Multi-country operations require higher coverage for varying legal challenges
Shareholding Pattern - Concentrated or dispersed ownership affects potential dispute risks
Revenue and Market Capitalization - Higher financial metrics indicate need for increased coverage
Key Benefits of Director & Officer Liability Insurance

Compliance & Governance

Ensures compliance with corporate governance requirements and regulatory obligations.

Protection & Personal Liability

Protects directors and officers from personal financial loss due to legal actions.

Attracting Talent

Helps attract and retain qualified directors and officers by providing liability protection.
FAQs on Director & Officer Liability Insurance
Common queries about Director & Officer Liability Insurance

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