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Airmic regularly carries out research, and publishes the results in the form of reports, guides and benchmarking documents.

Directors' & Officers' Liability Insurance: Perfecting Governance

Overview

Airmic, McGill and Partners 7th October 2021

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There tends to be a mystique surrounding directors’ and officers’ liability insurance, which often results in a disconnect between the product and its end users, creating the risk of a significant expectation gap in the event of a claim. The 12 questions addressed in this guide seek to clear the air: 

  1. What limit am I covered for and how do I know it is the right one for my industry sector? 
  2. Am I covered for the right types of exposures especially with regard to emerging risks? 
  3. What happens to my insurance protection when I leave the company? 
  4. What happens to my insurance protection in the event that the company is acquired by or merges with another company?
  5. What am I covered (and not covered) for and how do I make a claim under the policy? 
  6. What impact (if any) does the company’s ability and willingness to indemnify me have on my insurance cover?
  7. How (if at all) might the conduct or knowledge of others with whom I share my limit affect my position?
  8. When (and subject to what conditions, if any) does the policy allow me to appoint a lawyer of my choice to protect my interests in the event of a claim?
  9. If the company becomes insolvent, does the cover remain in place and am I covered for the legal representation costs of interview by the liquidators?
  10. What else should I be worrying about by way of restrictions or limitations on cover?
  11. With which and how many employees below board level do I share my insurance limit? 
  12. Is any part of the limit of indemnity ring-fenced for me and/or for my fellow board members?
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