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  Wednesday, July 23, 2008
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Directors and Officers Liability Insurance

Directors & Officers liability insurance protects the personal assets of individual directors & officers as well as the assets of the corporate entity.

 

 
 
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D&O Directors and Officers Liability Insurance
E&O Errors and Omissions Insurance
EPL Employment Practices Liability Insurance
 

What is Directors and Officers Liability Insurance?

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.

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.

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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