Directors and Officers (D&O) Liability Insurance

New regulations, emboldened shareholders and changing attitudes have created a perfect storm for businesses across the world, heightening the importance of directors’ and officers’ (D&O) liability insurance.

D&O insurance protects directors, officers and employees against claims arising out of their management activities. With the multi-jurisdictional nature of business today and the ever present threat of regulatory investigations into the conduct of a company or its management, having the right D&O cover has never been more important.

Senior managers that are exposed to personal liabilities naturally want to be sure that they have the right protection in the event of any actions being brought against them for breach of their statutory duties.

JLT can help deliver bespoke D&O insurance solutions to meet the needs of your company.

WHAT WE DO

D&O Insurance

At the core of our differentiation is being one of the strongest D&O teams in the market. Our team’s technical and global market knowledge extends across different market cycles providing experience and foresight to help you secure the optimal market solution, whether you feel your risk is complex or transactional.

We would take the time to really understand your business and your situation. This can include modelling different disaster scenarios, understanding key governance processes, highlighting where conflicts of interest exist and working with you on insuring or managing these exposures.

D&O Insurance

By working closely with you to consider your company both today and tomorrow, we can explore all the variables and explain how these may affect your D&O insurance performance.

D&O claims are becoming ever present, if you do happen to have a claim then a dedicated and specialist D&O claims practitioner will support you every step of the way.

After all, this is the ultimate test of the policy’s worth and with an integrated placement and claims team we have gained an enviable reputation for outstanding claims performance and management, supported by multiple awards for D&O claims excellence.

FAQs

Any of your company’s stakeholders, including: owners, investors, lenders, employees and securities holders, customers, consumer groups, competitors, business partners (venders and suppliers) and government enforcement/regulatory groups.

Yes, a typical policy will be extended to included corporate manslaughter cover.

Yes, investigation costs is a core element of D&O coverage.

No. Corporate reimbursement reimburses the company when the company has paid indemnity or defence expenses on behalf of one of its directors or officers; it is included in most directors and officers policies as standard. Corporate liability cover extends the policy to include protection for the company's own liability and defence expenses.

Yes but it is not always desirable to have multiple firms involved in the defence. Defence costs erode the limit of liability so it is preferable to limit the number of firms unless conflicts exist between the individuals. Also by using one firm, a more united front is demonstrated to the claimant, offering a strategic advantage.

A notice of circumstance is not a claim, but rather a potential claim which is usually defined as circumstances that might give rise to a claim in the future.

Courts have in the past upheld the claims-reporting requirements of D&O policies, finding the requirements to be a condition of coverage. This policy requires notice as soon as practicable – carriers and courts differ on what length of time is practicable. In any event, failure to provide timely notice can result in loss of coverage. What would be a covered claim can become uncovered if the reporting provisions of the policy are not strictly adhered to.

A policy may not be typically be cancelled except for non-payment of the premium.

The definition of a director commonly includes any person who ‘was, is or during the policy period becomes’ a director, therefore old and new members of the board will automatically be covered for actions whilst they served in that position.

OUR MANAGEMENT LIABILITY TEAM’S KEY STATS

350+ international clients
120+ financial risk specialists
10% FTSE 500 clients
$500m limits global D&O programmes have been arranged for

WHY JLT

Why JLT

The people who lead your business require D&O liability protection that is designed for your specific needs, providing cover wherever you operate and which is compliant with local legislation. What’s more with JLT is that you receive advice from a D&O expert:

  • sharing best practices and providing you with a better understanding of your risk exposure
  • with a single-minded commitment to cost management and claims performance
Why JLT
  • a practical problem solving approach, proven in resolving common issues
  • who will build the service delivery around your business needs
  • providing you the confidence and trust that you will always get the best results possible
  • treating you as a partner at all times
  • offering an integrated team that offers the depth of expertise, service and resource that your business needs.

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