Insurance Class: Casualty

Directors & Officers Liability Insurance (D&O)

Directors & Officers Liability Insurance (D&O) is an essential protection for company leaders, covering personal liability arising from decisions and actions taken in their professional capacity. Directors & Officers Liability Insurance ensures that directors, officers, and senior executives are financially protected against claims of mismanagement, breaches of duty, and regulatory investigations, safeguarding both their personal assets and the company’s reputation.

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The benefits of choosing Exance Directors & Officers Liability Insurance

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A trusted reputation for excellence and long-term client success

Exceptional
Underwriting

Comprehensive coverage with flexible custom risk solutions

What Exance Directors & Officers Liability Insurance covers

  • Breach of Duty

    Directors & Officers Liability Insurance provides protection against claims of negligence, mismanagement, or breach of fiduciary duty. These can arise from shareholders, employees, customers, or regulators alleging that a director’s actions or inactions have caused financial or reputational harm.

    Brokers can position this coverage as a cornerstone of risk management for any organisation with a leadership team.

  • Misrepresentation

    Directors and officers are often held accountable for misstatements in financial reports, public announcements, or investor communications. Directors & Officers Liability Insurance covers legal and settlement costs associated with claims of inaccurate or misleading disclosures.

    This is especially valuable for publicly listed companies or organisations undergoing mergers, acquisitions, or public offerings.

  • Regulatory Investigations

    Regulatory scrutiny can result in significant legal defence costs, even if no wrongdoing is proven. Directors & Officers Liability Insurance covers expenses related to investigations by government bodies or industry regulators, providing peace of mind to corporate leaders.

    Brokers can highlight this feature as critical for organisations operating in highly regulated industries.

  • Employment Practices Liability

    Claims arising from alleged wrongful termination, harassment, discrimination, or failure to promote are increasingly common. Directors & Officers Liability Insurance extends protection to directors and officers implicated in employment-related lawsuits.

    This coverage is particularly relevant for brokers working with clients in sectors with high workforce turnover or complex HR landscapes.

  • Insolvency-Related Claims

    When a company faces insolvency, directors and officers may be held personally liable for decisions made during financial distress. Directors & Officers Liability Insurance covers these claims, ensuring legal representation and financial protection.

    Brokers can use this feature to address the concerns of directors navigating challenging financial environments.

  • Shareholder and Investor Claims

    Directors & Officers Liability Insurance provides coverage for claims brought by shareholders or investors alleging mismanagement, failure to maximise shareholder value, or breach of fiduciary duty. This includes class action lawsuits.

    Brokers can position this coverage as essential for organisations with external investors or public ownership.

  • Cyber Liability Claims

    With the increasing frequency of cyber incidents, directors and officers are often held responsible for inadequate cybersecurity measures. Directors & Officers Liability Insurance covers claims related to data breaches, regulatory fines, or failure to prevent cyberattacks.

    Brokers can offer this as a value-added feature for tech-reliant organisations or businesses with sensitive customer data.

  • Crisis Management and PR Costs

    Claims against directors often attract media attention, potentially harming the organisation’s reputation. Directors & Officers Liability Insurance covers costs for hiring crisis management consultants or public relations firms to mitigate reputational damage.

    This feature enables brokers to promote D&O as not just a financial safeguard but also a tool for reputational resilience.

  • Defence Costs

    Regardless of merit, claims against directors often involve lengthy and expensive legal processes. Directors & Officers Liability Insurance covers legal defence costs, reducing the financial burden on individuals and the organisation.

    Brokers can emphasise this as a critical component of Directors & Officers Liability Insurance, ensuring directors have access to expert legal representation.

  • What Is Not Covered

    Directors & Officers Liability Insurance does not cover fraudulent, dishonest, or criminal acts, nor does it cover fines or penalties that are legally uninsurable. It also excludes claims related to bodily injury, property damage, or deliberate acts of misconduct.

    Brokers should ensure clients are aware of these exclusions, setting clear expectations for the scope of coverage.

Directors & Officers Liability Insurance provides protection against claims of negligence, mismanagement, or breach of fiduciary duty. These can arise from shareholders, employees, customers, or regulators alleging that a director’s actions or inactions have caused financial or reputational harm.

Brokers can position this coverage as a cornerstone of risk management for any organisation with a leadership team.

Your quick guide to Directors & Officers Liability Insurance

What is Directors & Officers Liability Insurance?

D&O Liability Insurance protects directors and officers from personal financial losses resulting from claims of mismanagement, breach of duty, or regulatory violations. It also covers defence costs, settlements, and damages, ensuring peace of mind for company leaders.

Who needs Directors & Officers Liability Insurance?

D&O insurance is essential for any organisation with a leadership team, including private companies, public corporations, non-profits, and startups. It is particularly vital for companies with external investors, significant regulatory oversight, or a high public profile.

The benefits of Exance Directors & Officers Liability Insurance

  1. Personal Asset Protection

    Shields directors and officers from personal liability, safeguarding their assets.

  2. Comprehensive Coverage

    Covers a wide range of claims, from regulatory investigations to employment practices.

  3. Reputational Safeguards

    Includes coverage for crisis management and public relations expenses.

  4. Flexible Policies

    Tailored solutions to meet the unique risks faced by different organisations.

  5. Expert Support

    Access to specialised legal teams and claims management experts.

Frequently Asked Questions

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Is Directors & Officers Liability Insurance mandatory?

While not legally required, many organisations include Directors & Officers Liability Insurance as part of their risk management strategy, especially if external investors or regulatory bodies are involved.

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Does Directors & Officers Liability Insurance cover past actions?

Yes, Directors & Officers Liability Insurance policies typically include retroactive coverage for wrongful acts committed before the policy’s start date, provided there is no prior knowledge of the claim.

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Are individual directors covered under Directors & Officers Liability Insurance?

Yes, Directors & Officers Liability Insurance policies cover individual directors, officers, and in some cases, employees acting in a managerial capacity.

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What is a claims-made policy?

Directors & Officers Liability Insurance policies are usually claims-made, meaning they cover claims reported during the policy period, regardless of when the alleged act occurred.

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Does Directors & Officers Liability Insurance cover fines or penalties?

Directors & Officers Liability Insurance policies generally exclude fines or penalties that are uninsurable by law, but coverage for defence costs remains applicable.

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Can non-profits benefit from Directors & Officers Liability Insurance?

Absolutely. Non-profit organisations face many of the same risks as for-profit businesses, making Directors & Officers Liability Insurance a vital tool for protecting their leadership teams.

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How are defence costs covered?

Defence costs are typically advanced by the insurer, ensuring directors and officers have access to resources without out-of-pocket expenses.

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Does Directors & Officers Liability Insurance cover cyber-related claims?

Many Directors & Officers Liability Insurance policies include coverage for cyber-related claims, especially those alleging insufficient oversight of cybersecurity measures.

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How does Directors & Officers Liability Insurance protect against insolvency risks?

Directors & Officers Liability Insurance covers claims related to decisions made during financial distress, protecting directors from personal liability in insolvency scenarios.

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Can brokers tailor Directors & Officers Liability Insurance policies?

Yes, Exance offers customised Directors & Officers Liability Insurance policies to address the unique risk profiles of organisations across industries.

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