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Advantages of Directors and Officers Insurance

Posted on 29 August, 2022

The directors or officers of a company may be held liable for any wrongful or illegal actions that you take as a corporate leader by various stakeholders like shareholders, customers, competitors, creditors, employees, and regulatory entities.

D&O insurance can help cover the costs of legal defence, settlements, and judgments against you as an individual director or officer if you are sued. It can also provide coverage for the company itself if it is sued for actions taken by its directors or officers.

Directors and officer’s liability insurance (D&O policy) can protect individuals serving on a board of directors or in an executive role for a company. There are several advantages to having Directors and Officers Liability Insurance in place, as follows:

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1. Financial Protection for Directors and Officers

D&O policy can help cover the costs of legal fees and any damages for the following kinds of allegations:

  • Breach of duty

  • Misleading statement

  • Breach of trust

  • Libel or slander

  • Defamation

  • Omission or negligence

  • Discrimination

  • Failure to promote

  • Retaliation

  • Sexual harassment

2. Attract and Retain Talented Individuals

The Directors and Officers Liability Insurance can also provide coverage to:

3. Cover Other Associated Members

In some cases, D&O policy can help attract and retain talented individuals who might otherwise be reluctant to serve on a board or take on an executive role.

  • Employees of a company

  • Trainees

  • An outside entity director

  • Lawyers employed by the company

  • Spouse of an insured person

  • A consultant appointed by the company’s board as a member

  • Administrators

  • Legal representatives

  • Heirs

4. Peace of Mind

Knowing that you have Directors & Officers Liability Insurance in place can provide peace of mind if wrongful decisions or actions are taken while in a corporate role.

These policies typically have two types of coverage - personal and entity. Personal coverage can help protect you from risks from your actions as an individual director or officer. In contrast, entity coverage can help protect the company itself from risks arising from the actions of its directors or officers.

Important to Have D&O Insurance in India

Directors and Officers Insurance is needed in India to protect high-ranking personnel from the financial risks they face. This type of policy can provide them with the peace of mind that they need to continue to do their jobs effectively without worrying about the potential financial consequences arising from the following scenarios:

  • The Indian business environment is becoming increasingly competitive, and companies are more likely to take legal action against each other. It means that directors and officers need to be protected from the potential financial damages due to such lawsuits.

  • The Indian Government is becoming more active in regulating businesses, which has led to an increase in the number of investigations and prosecutions of directors and officers. It increases the chances of directors and officers being held liable for criminal or civil penalties.

  • Natural calamities such as earthquakes, volcanic eruptions, storms, typhoons, floods, Tsunamis, and more

  • The rising Shareholder Activism in India can put directors and officers at risk of being sued for decisions made in the company’s best interests.

  • The Indian media is becoming more aggressive in its business coverage, leading to negative publicity for companies and their directors and officers. It can strain relationships with customers, suppliers, and employees, damaging a company’s reputation.

D&O Policy is not mandatory in India, but it is something that every director and officer should seriously consider getting. Being sued for wrongful or negligent actions can be very costly, and D&O insurance can help offset some of these costs.

How to Choose the Best D&O Insurer?

When you start comparing insurance companies to purchase a Directors and Officers Liability Insurance plan, it would be beneficial if you ask the following questions:

  • Is the insurer an expert in minimising and mitigating risks?

  • Can the insurer advise you on potential risks and their safety measures?

  • How easy is the claim settlement process?

To Conclude

As a result of the potential risks that directors and officers face, it is essential to have adequate protection in place. Directors and Officers Liability Insurance can provide this protection and help to ensure that the individuals involved in running a company can carry out their duties without fear of personal financial ruin.

When shopping for a Directors and Officers Liability Insurance plan, it is prudent to consider the specific needs of your company and your role within the organisation. It would help if you also worked with an insurance agent or broker who can help you understand the coverage options available and find a policy that meets your needs. You may want to check out the Directors & Officers Insurance by ICICI Lombard, one of the leading D&O Insurers in India.

  • Directors and Officers Liability
  • Product Code: 4025
  • Product UIN: IRDAN115RP0001V02200607

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This contains only an indication of the cover offered. For complete details on risk factors, terms, conditions, coverages and exclusions, please read the sales brochure carefully before concluding a sale.ICICI trade logo displayed above belongs to ICICI Bank and is used by ICICI Lombard GIC Ltd. under license and Lombard logo belongs to ICICI Lombard GIC Ltd. ICICI Lombard General Insurance Company Limited, ICICI Lombard House, 414, Veer Savarkar Marg, Prabhadevi, Mumbai – 400025. . IRDA Reg.No.115. Toll Free 1800 2666. Fax No – 022 61961323. CIN (L67200MH2000PLC129408). customersupport@iciclombard.com. www.icicilombard.com. (Workman Compensation, 4010 , IRDAN115P0010V01200607)