The frequency of director and officer liability exposures, and the amount of damage awards are rapidly increasing, leaving no organization safe from claims. It is important to provide adequate coverage to attract directors and officers to company boards. Likewise, when considering joining a board of directors, be sure the company’s policy covers claims against directors and officers.
The following parties can make claims against any company, regardless of its size.
Third-party claims are made by persons other than the corporation, its employees or shareholders and account for approximately 50 percent of the reported directors’ and officers’ claims. Competitors, creditors, regulatory agencies and any other person dealing with or affected by corporate conduct can assert third party claims.
Employment-related claims against officers are an explosive area of potential liability. The two most common types of claims are wrongful discharge and discrimination. In these cases, employers and directors or officers judged to have contributed to the alleged wrongful conduct can be found liable. In a recent jury verdict against an employer and several officers, two former employees were awarded $69 million for wrongful termination.
A claim by a corporation against itself must be approved by management and therefore is likely to be made against former directors and officers. This type of claim is particularly likely in the aftermath of a takeover, or when there has been a falling out between the corporation and one of its directors or officers.
Choose Bremer Insurance for D&O Coverage
Directors & Officers (D&O) insurance is a unique insurance product. It can be difficult to obtain because each carrier has varying terms and conditions and carriers are located throughout the world so it is difficult to find appropriate providers.
Bremer Insurance is experienced at helping organizations identify the D&O solution that meets their risk management objectives. We can help you navigate the complex legal and risk management issues. As an independent agency we can quickly source the best product for your organization. We will also provide you with thorough comparisons and ensure that the final terms and conditions are best suited for your situation.
- This content is provided for informational purposes only. The information provided herein is not intended to be exhaustive, nor should it be construed as advice regarding coverage. Eligibility for coverage is not guaranteed and all coverages are limited to the terms and conditions contained in the applicable policy. © 2008, 2013 Zywave, Inc. All rights reserved.