Directors & Officers Liability Insurance Policies
Directors and Officers Liability Insurance provides protection for the personal assets of directors and officers by providing indemnity for loss arising from a claim as a result of a 'wrongful act' committed by them in the course of conducting their business.
All Company Directors and Officers have an exposure to potential claims and legal action regardless of their company's size and business activities. Corporate governance and regulatory surveillance places immense accountability and pressure on business and company directors and officers to perform their duties thoroughly.
Claims can arise from many sources and include:
- Breach (alleged or actual) of the Trade Practices/Fair Trading Legislation
- Enquiries by regulatory authorities (e.g. ASIC, ATO, ACCC)
- Breach of Contract
- Shareholder disputes
Directors and Officers Insurance aims to provide protection for:
- Loss arising from a ‘Wrongful Act’ committed by them in the course of conducting their business;
- Settlements, compensation and/or damages awarded against them; and
- Legal costs and other expenses associated with defending a claim.
The definition of a ‘Wrongful Act’ varies from one insurance company to another. However it is commonly defined as any misstatement, misleading statement, omission, an actual or alleged breach of duty committed, alleged to be committed or attempted by or any other matter claimed against any insured person, individually or collective as an insured person whilst acting in their capacity.