Directors & Officers Insurance
Why a Company Needs Directors & Officers
(D&O) Insurance
Directors and Officers coverage protects a company’s directors and officers against exposures associated with management actions and decisions.
Directors and Officers coverage insures against claims stemming from alleged wrongful conduct of a company directors and officers. These types of claims typically won’t be covered by other insurances such as professional or general liability coverage as some may think. Quite often, company owners figure that they will need Director and Officers coverage if they are in control of a publicly held company, or if there are stakeholders such as venture capital funding. This is true, these are situations that would act as a trigger to determine a need for D&O coverage. What some fail to recognize is that just because there may not be external shareholders involved in a company, it would not shield directors and officers from risks involving creditors, customers, competitors, even its own employees.
What does directors and officers cover?
Fiduciary duty is an obligation to act in the best interest of the company; breach of such duties by a Director or Officer can create a basis for claims.
The intentional misrepresentation of a material fact.
collusion and poaching (of employees) are examples of such practices that can give rise to a claim.
This is Fraud without the intent. Still, if a party is harmed by such misrepresentation, this act can give rise to a claim.
Regulatory violations: If regulators discover that wrongful conduct has occurred, they may pursue legal action against the organization and the executives involved.
Suits filed by shareholders of a company, either private or public, will inevitably give rise to D&O claims.
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