Directors & Officers Liability Insurance

What is Directors & Officers Liability Insurance?

Directors and Officers Liability Insurance is designed to protect the personal assets of directors and officers, by providing indemnity for loss arising from a claim, as a result of a ‘wrongful act’ committed by them in the course of performing their fiduciary duty as a director or officer of a company. A Wrongful Act is usually defined as an error, misleading statement, misconduct, omission, neglect or a breach of duty.

Some general information

The law imposes duties upon the Directors and Officers of companies which they are personally liable for, including:

  • Exercising a reasonable amount of care and diligence in the conduct of their duties and use of the power of their position
  • To not misuse information or their position to gain advantage for themselves, or to disadvantage shareholders of the company
  • Preventing the company from trading whilst insolvent

Anybody involved in the management have duties and obligations which may arise form one or more of the following statues:

  • Corporations Law
  • Workers Compensation Legislation
  • Occupational Health & Safety Legislation
  • Superannuation Legislation
  • Trade Practices Act and Fair Trading Acts
  • Equal Employment Opportunity and Anti-Discrimination Legislation
  • Income Tax Assessments
  • Act Environment Legislation

Covers available for

  • Judgements
  • Settlements
  • Investigative costs
  • Defence costs
  • Costs to appear at inquiries or investigations

Please ensure that you read your specific schedule and policy wording to establish actual covers quoted / taken.

Other coverage areas

In the current market, several Underwriters have released broader based Directors and Officers Liability policies, generically called “Management Liability Covers”.

A number of these policies may be endorsed to include aspects of cover such as Employment Practices Liability (ie. unfair dismissal, harassment), Statutory Liability Cover (fines and penalties) and also provide valuable access to experienced Legal Representatives. Please contact our office should you have any questions about these options.

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