D&O Coverage Belongs in Your Company’s Insurance Portfolio
Does your current insurance portfolio adequately protect your company and its most key people against significant financial losses? All companies understand the importance of a general liability policy, for example, to cover customers’ injuries that occur on the business premises. And every business knows it’s important to protect the business premises and its contents against the risks of fire, flooding, vandalism, etc., through a comprehensive property and casualty policy. But an area of potential liability and loss resulting in claims based on the actions of its directors and officers, may be overlooked.
Directors and officers (D&O) liability insurance protects against financial losses resulting from claims based on allegations of wrongdoing by these individuals when acting in their corporate capacities.
What kinds of claims fall under the scope of such policies? Consider these-
• Claims by shareholders/investors alleging misrepresentations, inadequate disclosures, conflicts of interest, misdealing and mismanagement.
• Claims by competitors alleging bad faith in business dealings, appropriation of trade secrets, and unfair or deceptive trade practices.
• Claims by customers based on dishonesty, sales disputes, and the like.
• Employment practices liability claims, including failure to hire, termination, discrimination and sexual harassment.
• Suits by government agencies, including those involving tax laws, securities laws, labor laws, violation of applicable business regulations, etc.
When claims such as these include allegations of a company director’s or officer’s wrongdoing, that can bring them within the coverage of a D&O policy. Think of the well-publicized cases involving corporate giants like Enron and Worldcom, which alleged financial misdealing and cover-ups by corporate officers.
Private companies can also be hit by shareholder lawsuits. But a key reason these firms need D&O coverage is the increasing number of employment practices lawsuits, brought by employees, alleging claims such as sexual harassment, discrimination, or wrongful discharge. A policy that couples D&O and employment practices liability insurance (EPLI) works well for these firms.
Today’s insurers offer D&O coverage at affordable rates. Given the financial loss potential, it’s a coverage that any company should consider adding to its insurance portfolio.