Know the claims that can be made for directors and officers insurance coverage
Directors and officers insurance commonly known as D&O is a type of liability insurance. This insurance is payable to the director or the officers or the company itself in cases of expenditure of company or private funds due to legal action against one for an alleged wrongful act when in position of power. Directors and officers insurance coverage are usually purchased by the corporations themselves to attract employees as directors. These insurances where briefly started in 1930’s by Lloyd. The nature and judiciary of these policies differ from country to country according to their individual laws.
When at a position of power the directors and officers have my powers and certain discretion, they may at times commit wrongful acts such a breach of their legal duties , mixing of professional responsibility with personal ones and much more. These policies provide legal funds during a court case. These funds many times also include the cost of investigations.
Types of coverages-
The directors and officers insurance coverage and claims are generally of 3 types:
First also know as side A is the personal type of coverage given to the individual employee facing prosecution. However in some cases the claim is denied either due the company’s disapproval or due to courts restrictions.
The second type of coverage or the side B is the coverage for the firm or the cooperation when they compensate the directors or the officers in question. This is also known at co-operate reimbursement.
The third or the side C is the coverage is a specific type of coverage only applicable to publicly traded companies.
However private companies both large and small maybe applicable for entity coverage.The extended policies have more coverage.
The protection covers a vast number of people including directors and officers, spouses, committee members, trustees and many more. The insurance automatically includes liability for scenarios like wrong full termination, discrimination, sexual misconduct and many more. The claims have a broad definition and the coverage differs from policy to policy. Most companies offer coverage around $1 million up to $5 million differing according to the wrongful act committed.
The types of claims are also dependent upon the corporation’s nature. Generally the claims for public companies are from lawsuits by shareholders after financial difficulties. Others include suits from customers, creditors etc. Whereas the most common claims for private companies are from competitors or customers allegations for unfair business practices.
The exclusions of the claims are any intentional criminal or illegal act. The coverage only includes wrongful acts according to their policies. These coverages are not applicable for fraud.
In conclusion we know that these policies provide protection and cover only against wrongful acts or in situations of misunderstanding and allegations but not for any fraud or criminal activities. These policies keep updating and changing as the corporate world evolves. The often act as a financial defender for the directors and officers under the radar.