Investors frequently require the Directors and Executive officers to be covered under protective insurance. This ensures that the company does not suffer any monetary losses arising out of an alleged act of the director. Investor directors are also concerned that they may face litigation because of their role on company boards. The awards by the courts are personal liabilities for the directors. This means that a large penalty or court award can wipe out a director’s personal wealth.
A director may face liability if he/she:
- Signs a personal guarantee.
- Knows the company is insolvent and has continued to prioritize shareholders over creditors.
- Sells company assets below their market value or for free.
- Overpays himself from the company’s account, creating an overdrawn director’s loan.
- Raise funds to repay creditors via fraudulent means, obtaining finance by providing inaccurate information.
- Wrongful trading or breach of duty, or any misleading statement.
Common causes of financial liability for directors & officers
Moreover, racial discrimination claims by employees, security-related claims, or management buyout claims are some other reasons for which a director can be sued.
In nutshell, Directors’ and Officers’ Liability Insurance provide financial protection against the consequences of actual or alleged ‘wrongful acts.
D&O policy offers protection to directors and officers when they are held liable by:
- Employees – for discrimination, harassment, breach of employment contract, defamation, misleading misrepresentation, wrongful employment practice, etc.
- Creditors – alleging that the director allowed the company to trade whilst knowing it could not pay its debts.
- Government agencies – directors and officers may be personally liable for breaches of hundreds of statutes.
- Competitors – Trade Practices Act claims brought against the directors for misleading and deceptive conduct.
- Shareholders – alleging that the directors mismanaged the operations of the company and its funds.
In conclusion, D&O liability insurance protects the past, present, and future directors and officers of profit or non-profit companies; listed and non-listed). Moreover, it provides financial protection against the consequences of actual or alleged wrongful acts, omissions, misleading statements, or breaches of duty to directors and executive officers. Additionally, it provides indemnity for legal costs, damages, and expenses incurred, arising from claims brought against them personally – for acts in their executive capacity.
How SecureNow can help
Thus, it is necessary for a company to buy the best D&O liability insurance policy. However, with so many general insurance companies offering a D&O insurance policy, it could be a difficult task to choose the right one. We can help you choose the right one. Independent directors can also reach out to us for an evaluation of the D&O insurance in the companies they serve.
