Directors & Officers (D&O) Insurance

D&O liability insurance gives your leadership and employees the security of knowing that they’re personally protected in the event of a lawsuit brought by any stakeholder, including customers, partners, vendors, employees, shareholders, regulators, and creditors. It covers the affected parties while they are employed — and even if they leave the organization.

Let’s work together to assess your D&O exposure and tailor a policy to cover the unique risks faced by your business — and its leadership.

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What does D&O insurance cover?

D&O insurance covers claims — brought by customers, partners, vendors, employees, shareholders, creditors, regulators and other stakeholders — including:

Monetary judgments and settlements for negligence or breach of duty, loyalty or care to the organization
Claims for civil, criminal, judicial, administrative, and regulatory or arbitration proceedings and investigations
Breach of fiduciary duty, failure to exercise due care and employment-related suits that allege harassment, discrimination or wrongful termination
Antitrust and unfair trade claims

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Did You Know?

The average loss due to a D&O claim is $387K. Some companies have lost as much as $17M.

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Not all D&O policies are created equal.

When you engage a broker, ensure they discuss their plan for addressing the exclusions:

Additional Overly Broad Exclusions

Be specific about all policy exclusions – even those that initially seem superfluous. Exclusion language can mean the difference between a policy that pays and one that leaves you to defend yourself at your expense.

Lack of Clearly Defined Reporting Requirements

You can put coverage in jeopardy by waiting to report a claim or potential claim to your insurance carrier. Speak with your broker about potential claims triggers and your required reporting timeline . You should know who to contact when an incident occurs.

Lack of Antitrust or Unfair Trade Coverage

Many D&O policies exclude antitrust or unfair trade coverage for claims made against the business entity. This includes class actions alleging deceptive trade practices or competitors alleging unfair trade practices. If not removed, this exclusion can significantly impact the potential coverage afforded to the company’s balance sheet protection.

Overly Broad Conduct Exclusions for Criminal Acts

All D&O policies contain personal conduct exclusions for actions relating to illegal profit, fraud and/or deliberate criminal acts by directors and officers. Whether the claims are true or not, the policy must be properly worded to ensure you are afforded sufficient coverage for a solid defense.

Exclusions on Exposures Representative of Your Sector

Your D&O coverage should be tailored for your specific industry and unique business needs. Discuss your coverage priorities, company and individual D&O limits, and potential exclusions that could affect coverage in your market sector.

Let's assess your D&O exposures.

Together, we can tailor a policy to cover the issues your business and its leaders are facing today — and those that will affect you tomorrow.

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