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Directors and Officers Liability Insurance

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Directors and Officers Liability Insurance

Companies and organizations have directors and officers. But being a director or executive in a company is a risky profession. For instance- as a director, you made a big decision that didn’t work out. Shareholders and investors may get upset and decide to sue you. We say this because directors and officers are generally held liable for the decisions of the company. As a director, you can suffer serious financial losses from counterclaims by shareholders, creditors, competitors, suppliers, regulators, and others.
One way to avoid these types of financial losses is to purchase directors’ and officers’ (D&O) liability insurance. This particular policy provides you with peace of mind and protection at an affordable price.
Want to learn more about it? Read on!

What Is “Directors and Officers” Liability Insurance?

D&O insurance comes under liability insurance. It protects the assets of corporate directors, officers, and their spouses when they are personally sued by an employee, vendor, investor, customer, client, competitor, or other party for actual or alleged wrongful acts in the conduct of a business.
D&O liability insurance claims are paid, especially to directors and officers of a company, for losses or reimbursement of defense costs if legal action is taken against them.

Types of D&O Liability Insurance

The D&O liability insurance policy can generally be divided into three types.
They are as follows:

Side A Coverage

This type of coverage protects the individual assets of directors and officers when there are expenses that a business doesn’t have to pay, this can be the defense cost.

Side B Coverage

Side B coverage offers corporate reimbursement and protects a business when it has to pay legal settlements for directors and officers.

Side C Coverage

This aforementioned coverage provides entity insurance when a business is named in a lawsuit along with its directors and officers. It will protect the directors when there are direct claims made against them.

Why Do You Need D&O Liability Insurance?

Here are a few reasons, why D&O liability insurance should be purchased by an organization/company:

  • Financial Security : With the aforementioned insurance, you can ensure that the personal assets of the directors and their dependents are safe from any lawsuit.

  • Legal Protection : The policy protects personal liabilities from all managerial decisions.

  • Investor Confidence : You can increase trust among your company’s shareholders by letting them know that all risks can be managed.

  • Talent Attraction : Having a liability policy can attract more talent, so you can recruit top talent more easily.

  • Regulatory Compliance : With liability insurance, you can keep up with the Indian law requiring D&O insurance for some specific businesses.

What Does Directors & Officers Liability Insurance Cover?

The D&O Liability insurance covers the following points:

Defense Cost : The policy provides coverage for litigation costs, investigation fees, and attorney charges.

Settlements : It also addresses the financial burden arising from damages or settlement costs awarded by the courts.


Wrongful Acts : The policy protects the insurer against any claims filed because of misrepresentation or breach of duty.


Civil Damages : The D&O policy also covers financial losses resulting from civil suits.


Employee Practices : The policy extends to cover claims related to unfair dismissal and discrimination.

What Is Not Covered Under D&O Liability Insurance?

The D&O policy does not provide coverage for the following points:


  • Fraud
  • Wilful criminal acts
  • Illegal remuneration or personal profit
  • Claims made under the previous policy
  • Uninsurable fines and penalties. 
  • Waiver of subrogation
  • War and nuclear risks
  • Excluded territories and jurisdictions

Some of the business categories that are excluded from the D&O liability insurance are:
Banks

  • Other financial institutions
  • Companies that are not registered
  • Construction and related businesses
  • Advertising and media companies
  • Political organizations and NGOs

How To File a Claim Under D&O Insurance?

Consider the below-mentioned steps to file a claim under D&O insurance:

The common claim process steps are :

  • First, inform your insurer as soon as any legal complaint has been filed.
  • When you file a claim, the insurer will ask you to submit a set of documents along with the claim form. So make sure you keep them handy. 
  • Get a claim form from your insurer, fill it out, and submit it as quickly as possible.
  • The insurer will send a team of inspectors/surveyors to check if the reason for raising a claim is valid or not. 
  • Once the surveyor gives a green signal, the insurer will provide compensation as mentioned in the policy.

To Sum Up!

All businesses with a corporate board or advisory board should consider buying D&O insurance. If you run a company, you don’t have to post net revenue in the tens of millions of dollars for your directors and officers to be personally sued over their management of the company. 
To get D&O liability insurance, you need to compare multiple policies, but instead of comparing all the policies individually, visit Policy Wings. We will give you the best deal, and you can compare all the quotes on a single platform. Save time and get insured in just a few steps with Policy Wings.

Frequently Asked Questions

D&O liability insurance depends on various factors like the nature of the business, risks involved, revenue, financial position, claim history, and more.

To purchase D&O insurance, you only require the name and address of the insured, the company’s shareholding pattern, and the audit report of the company.

Yes, the director's liabilities are unlimited and can result in the loss of personal assets at the time of any insolvency or claim. This policy can cover the personal assets of the directors.

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