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What is Directors and Officers Liability Insurance?
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Directors
and Officers Liability Insurance provides financial protection
for the directors and officers of your company in the event
they are sued in conjunction with the performance of their
duties as they relate to the company. Think of Directors
and Officers Insurance as a management Errors and Omissions
policy.
Directors & Officers
Liability Insurance can usually include Employment
Practices Liability and sometimes Fiduciary Liability.
The former involves harassment and discrimination suits,
and is where the majority of your exposure will be.
Directors and Officers Liability Insurancee is often confused
with Errors & Omissions
Liability. The two are not synonymous; Errors & Omissions
is concerned with performance failures and negligence with
respect to your products and services, not the performance
and duties of management. Generally it is a good idea to
carry both Directors and Officers Liability Insurance and
Errors and Omissions Liability Insurance.
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When do I need Directors and Officers Liability
Insurance? |
You need Directors and Officers Liability
insurance when you assemble a board of directors. They will
frequently make the requirement.
Investors, especially Venture Capitalists, will also usually
require that you show evidence of Directors and Officers Liability
Insurance as part of the conditions of funding your company.
Also having employees opens management up to employment practices
lawsuits - which usually can be covered under Directors and Officers
Liability Insurance. |
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Why do I need Directors and Officers Liability
Insurance? |
First, you need Directors & Officers
Insurance because claims from stockholders, employees, and
clients will be made against the company, AND against the directors
of the company. Since a director can be held personally responsible
for acts of the company, most directors and officers will demand
to be protected rather than put their personal assets at stake.
Secondly, you need Directors and Officers Liability Insurance
because: Investors and members of your board of directors will
not be
willing to risk their personal assets to serve as a corporate
director or officer, no matter how heartfelt their belief in
your company.
Lastly, employment practices suits constitute the single largest
area of claim activity under Directors and Officers Liability
Insurance policies. Over 50% of D&O claims are employment practices related. |
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