Directors and Officers Liability Insurance
Directors and Officers Liability Insurance
Directors and Officers Liability Insurance. Directors and officers liability insurance provides a number of key protections to board members and directors that aren't provided by other personal or commercial insurance plans. Like all other forms of executive liability protection, these policies can be vital for avoiding the high costs of both frivolous and legitimate claims. Following is everything you need to know about these plans, including what they will cover and what they will not. You'll also find helpful information concerning some of the lesser-known but incredibly important provisions that this coverage provides.
A directors and officers liability can help you attract and maintain qualified executives and board members.
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What Directors And Officers Liability Insurance Is And Why It's Important
This directors and officers liability insurance, often referred to as D&O insurance, this coverage protects officers and directors against legal claims that are made against them while serving as officers or on the board of directors. This type of coverage can be bound for professionals serving in this capacity for privately held firms, non-profit organizations and educational institutions. It is not unlike the malpractice insurance that lawyers, dentists and doctors maintain or the errors and omissions insurance that licensed professionals use as part of their comprehensive commercial insurance plans.
This is most true in the sense that D&O insurance will cover damages and legal expenses that are the result of managerial actions or decisions resulting in financial loss. Directors and officers are held legally and financially responsible for the decisions that they make on behalf of or affecting shareholders, client companies, creditors and investors. Claims of this nature are being seen in businesses with increasing frequency. Unfortunately, those who serve as officers and directors can be held personally liable for the resulting damages if this coverage isn't in place. It is also important to note that both non-profit and for-profit companies will need to bind this directors and officers liability insurance to protect directors and officers if they hope to attract qualified board members and executives and retain the services of these individuals.
Why Homeowners Insurance And A Company's Indemnification Specifications May Not Be Sufficient
It is a common and costly myth that board members are covered by their home insurance policies. While their may exist certain protections for these individuals within their homeowners' insurance plan, these provisions are not guaranteed to cover all costs, nor are they guaranteed to be relevant all of the time. In short, people should not count on these policies to cover them for any association board service, even if they happen to be compensated for filling these rolls. The protections that do exist under certain homeowners insurance plans are rarely going to prove sufficient for cover all legal expenses and other costs from the average liability case.
It's additionally important to note that corporate indemnification specifications are not guaranteed to protect all board members in all instances. Indemnification serves as a corporation's front-line or primary protection against liability claims. Despite being incredibly broad in its coverage terms, corporate indemnification should not be considered as being unlimited in the purest sense of the word. This protection often has limits on its abilities to indemnify individuals. Moreover, insolvency can and often does have an impact on a business' ability to honor obligations pertaining to indemnification
There are many prospective board members who will be unwilling to accept their appointed positions if they lack protections under a company's indemnification specifications. There are others still, who insist on having a more extensive measure of protection through supplementary directors and officers liability insurance or standalone D&O.
Tips For Optimizing Directors And Officers Insurance
On the part of corporations, it is important to maintain a commitment to protecting directors and officers from financial and legal harm that might result from service in good faith. Not only is this critical for attracting the top talent or the most qualified people for these positions, but it can also play a major role in ensuring the maintenance of a good corporate reputation. When these protections are not provided by corporations or simply do not exist due to the nature of the individual's role, it is absolutely vital for directors and officers to take diligent steps to protect themselves.
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