Directors & Officers Insurance

WHO IS EXPOSED?

*Past, present and future directors
*Employees and volunteers in a managerial/supervisory capacity, audit committee, risk committee
*President/CFO/CEO/Company Secretary
*Non-profit organisations: President/Secretary/Treasurer

WHAT IS AT RISK?

*Personal liability: property, cars, assets, savings, pension funds are at risk
*Spouse, heirs and estates (may be named in a suit)
*Financial implications of defence costs could be catastrophic
*No other insurance policy will cover D&O exposure
*Should your assets be frozen, are you able to cover costs of schooling, housing, utilities and personal insurance

WHERE COULD CLAIMS COME FROM?

*Shareholders: accounting fraud, dividend declaration, financial performance (or lack thereof), breach of fiduciary duties, inadequate disclosure, insider trading, investment/loan decisions, bankruptcy, mergers and acquisitions

*Employees: breach of contract, compensation duties, defamation, discrimination, employee benefits, employee conditions,failure to hire or promote, harassment, whistle blowing, wrongful termination

Competitors: anti-competitive violations, business interference, contract disputes, copyright/patent/trademark infringements

Customers: contract disputes, debt collection, fraud, refusal of credit
Liquidators/administrators/creditors/regulators/government

WHAT CAN THE POLICY COVER?

The policy shall respond to:
Claims following “wrongful acts ” by directors. Costs, charges and expenses incurred by the insured for the successful defence of allegations of any criminal act, wilful misconduct, breach of trust, reckless trading or breach of authority by directors.
*Wrongful Act: breach of duty, error, omission, misstatement or misleading statement by the Insured in their capacity as directors

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