D & O LIABILITY

There is little directors and officers can do to diminish the complexity of the business, legal and regulatory environment in which they operate. However, a great deal can be done to protect the personal assets of directors and officers.

D&O liability

In business today the role of a company director or officer carries significant responsibilities as well as rewards.

Directors and officers have an increased number of legal and administrative duties and there is a greater expectation among shareholders, creditors, customers, the judiciary and the general community that these duties should not be breached.

Directors and officers have duties and obligations, for which they are personally responsible, some of which may carry unlimited personal liability. Such liability can be incurred, not only as a result of their own activities, but also from the activities of fellow directors.

Many companies indemnify their directors and officers through their constitution. When indemnifying a director, a company may incur liabilities that have a severe impact on its bottom line. A Directors' and Officers' Liability policy will address the concerns and liabilities of both the director, and the company when indemnifying the director.

Directors' and Officers' Liability insurance provides cover for:

  • Judgments
  • Settlements
  • Investigative costs
  • Defence costs
  • Costs to appear at inquiries or investigations

An appropriate insurance portfolio, which includes Directors' and Officers' Liability insurance cover, should form part of a comprehensive risk management program designed to provide protection against the exposures the company and its directors and officers face.

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Client briefing: Bridgecorp judgment - analysis, updates and options
October 14, 2011  |  Views: 657 |  Comments: 0 
Client briefing: Bridgecorp judgment - analysis, updates and options
As discussed in our recent Client Alert, the Auckland High Court in Steigrad v BFSL 2007 Ltd 2 (the Bridgecorp case) ruled that the statutory charge imposed by section 9 of the Law...   Read More...
Client alert: Bridgecorp judgment – Constraints on the payment of defence costs
October 07, 2011  |  Views: 187 |  Comments: 0  | Article Rating
Client alert: Bridgecorp judgment – Constraints on the payment of defence costs
The recent Auckland High Court decision of Steigrad v BFSL 2007 Limited & others on 15 September 2011, (the Bridgecorp case) may have implications in certain Australian jurisdictio...   Read More...
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April 15, 2011  |  Views: 174 |  Comments: 0  | Article Rating
Cyber risks: Understanding your insurance protection
Today, information constitutes a significant portion of a company’s assets, which is predominantly stored electronically and shared over networks.What would happen if these vital c...   Read More...
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Directors' & Officers' Liability
Views: 301 |  Comments: 0 
Directors' & Officers' Liability
An appropriate insurance portfolio, which includes Directors' & Officers' Liability insurance cover, should form part of a comprehensive risk management program designed to provide...  Read More...
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Insurance Market Review (Pacific) – July 2011
July 25, 2011  |  Views: 389 |  Comments: 0 
Insurance Market Review (Pacific) – July 2011
The end of the June quarter closed out a tumultuous 18 months for the insurance market, which endured a string of catastrophic events across the globe. Starting with the Chilean ea...  Read More...
Insurance Market Review (Australia) - April 2011
April 26, 2011  |  Views: 239 |  Comments: 0  | Article Rating
Insurance Market Review (Australia) - April 2011
In the period since September 2010, the insurance market in Australasia has been hit by an unprecedented run of catastrophic events. The two earthquake events in Christchurch (the ...  Read More...
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Contacts
Brian Trimblett
Account Executive
Sydney, Australia
brian.trimblett@marsh.com
   
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