Directors and Officers Liability Insurance

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Why should a start-up consider Directors and Officers(D&O) Insurance?

Start-ups grow so rapidly that it’s often difficult for them to correct course if they commit any mistakes. Additionally, at their incubation and early start stage, start-ups usually ignore Directors’ and Officers’ Liability Insurance (D&O Policy). This ignorance results from the misconception that only big organizations require this policy. However, start-ups can also face fines due to instances of non-compliance, breach of duty, etc.

A D&O policy definitely helps in improving the chances of survival and success of any start-up. Generally, there is often a lack of trust when it comes to making an investment in start-ups. In such cases, D&O policy can help. Many times, the investors before funding a company place a condition that the company has this insurance policy.

So, it is crucial to buy this policy as this is a core consideration for investors providing funds to start-ups. It helps you in getting capital from them. Moreover, this policy helps in the recruitment of the best talent for top-level management. As it safeguards the personal assets of officers and directors.

Benefits of D&O policy for start-ups

Spending money on litigation can create financial crises. Usually, start-ups do not have deep enough pockets to manage these well. However, such failures can be avoided if due diligence is conducted at the incubation stage itself. It is advisable to consider a directors and officers liability policy at this stage only.

The policy helps in safeguarding your business from day one. This motivates investors and the best people in the industry to be a part of your start-up. This helps in creating a strong foundation for the start-up.

Directors and officers make better decisions when they have a sense of security. A D&O policy can give them assurance that they do not have to face personal lawsuits. Start-ups are highly risky. So, it is critical to managing an insurance portfolio.

This will decrease the magnitude of risk and safeguard your management. If employees, shareholders, or competitors file a lawsuit against the directors and officers, alleging deceptive advertisements, breach of executor duty, etc. a D&O policy would protect them.

Public, private, start-ups, and non-profit companies face directors and officers litigation risks. Thus, start-ups should invest in this policy early in order to get proper coverage right from their inception. This policy can help you to handle incorrect business decisions affecting your business reputation and inviting litigation costs. So, it is crucial to buy a D&O Liability Policy.

Additional Read: What is covered under directors’ and officers’ Liability Insurance Policy?

Case Studies on Directors’ and Officers’ Liability Insurance

AB Services is a fast-growing start-up providing app development services. However, during the pandemic, the company hit a rough patch and did not pay some vendors. These vendors then filed a case against the board members claiming that they had not provided proper oversight.

Fortunately, AB Services had D&O insurance. This insurance paid the directors the costs of defending themselves against the allegations.

BZ Tech Ltd. is a new technology start-up. The start-up has not invested in directors and officers insurance. However, soon after its inception, select employees sued the founders for stealing their intellectual property. The case entered arbitration and was resolved in favor of the employees, following the terms of the employment contracts.

The founders were asked to pay Rs 1 Crore to the former employees. The founders did not have this money and consequently, the case went to the courts who then attached the founders’ personal properties.

If the company had invested in a D&O policy in advance. The insurance company would have protected the personal assets of the Directors and Officers. The policy would have provided much-needed financial stability to the founders.

The policy would have indemnified the Directors and Officers of the company. For legal costs, damages, expenses incurred, arising from claims brought against them personally, for acts in their executive capacity.

Role of SecureNow

SecureNow can help you get the best D&O policy. Careful placement of this insurance is necessary because of numerous extensions and caveats; small oversights can be costly when claims arise. So, visit www.securenow.in or call us at 96966 83999. Share your coverage needs and get the best advice from us.

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