Directors and Officers Liability Insurance

By: Jo Pavey Insurance Services  13/02/2011
Keywords: Business Insurance, insurance brokers, Property insurance

We can provide competitive terms for Directors & Officers Liability Insurance.

Protect your position. As a company director or senior executive you may incur certain personal liabilities through negligence, default, breach of duty or breach of trust in relation to the company which may leave you open to litigation and exposed to compensation claims, lawsuits, investigations and prosecutions.

In such cases, you could be faced with significant legal expenses and other costs as you seek to defend yourself against allegations or if you have claims awarded against you.

In the absence of any other remedy, you would have to finance such action from your own resources including the settlement of any successful claim which, at worst, could put at risk your home, car, savings and other assets.

Directors and Officers (“D&O”) liabilityinsurance is designed to provide cover for legal defence costs and, where appropriate, any final settlement or compensation award.

Risk areas:

We live in an increasingly regulated world and the risk of directors and senior executives incurring personal liabilities has increased dramatically in recent years especially in the following key areas:

Involuntary, constructive or gross negligence manslaughter
Health & Safety legislation
Sexual, racial, disability or age discrimination
Wrongful or constructive dismissal
Wrongful trading such as in the knowledge that the business is or will become insolvent
Unpaid taxes when the company has become insolvent
Competition and cartel activity
Copyright and other intellectual property
Data protection
E business
Environmental issues

You can also be held personally liable for the actions or omissions of others.

Potential complaints:

The number of individuals and organisations who can bring a claim against company directors and senior executives are:

Regulatory bodies
Liquidators and receivers
Government bodies

Claims examples.

The following claims examples are for illustrative purposes only and are not a guarantee of cover which is always determined on a case-by-case basis in accordance with policy terms and conditions:

A director was sued by one of his distributors for deliberately breaching an exclusive agreement and for using commercially sensitive information within the agreement for personal benefit. His policy funded some £200,000 of defense costs and the distributor eventually dropped the case.

A director was sued by shareholders for negligence after the company’s fortunes declined rapidly. After consultation with lawyers, it was decided that the best course of action was to settle out of court and his policy funded both the legal costs and the final settlement otherwise the director would have faced personal bankruptcy.

An HSE investigation into a workplace fatality turned into a full-blown public enquiry which the company director was required to attend. His policy funded his legal representation and enabled him to demonstrate that the fatality had not arisen out of any negligence or wrongful act on his part.

Keywords: Business Insurance, commercial insurance, contractors insurance, directors and officers insurance, Engineering inspection, Engineering Insurance, fleet insurance, forestry insurance, Goods In Transit, indemnity insurance, Insurance Agents and Brokers, insurance brokers, Liability Insurance, personal accident, Plant Insurance, Professional Indemnity, professional indemnity insurance, Property insurance, public liability insurance, Wholesale and Manufacturers Insurance

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