DIRECTORS & OFFICERS LIABILITY

Company directors have an obligation to make decisions in the best interest of the business and are under immense pressure to meet the expectations of all stakeholders. However, despite having good intentions, mistakes can happen (not just their own mistakes, but also for the failings of people they relied on) and as the company director you are at risk of being held personally liable for allegations of a breach of duty or wrongful acts.

 

Directors and officers’ liability insurance (often called D&O insurance) is designed to protect directors, officers and employees involved in the management of a company, from personal loss resulting from legal claims made against them while they perform duties on behalf of the company.

 

What does DnO cover?

 

Indemnity against amounts which the insured shall become legally liable to pay as compensation including agreed defense costs and expenses resulting from any wrongful act (alleged negligence, errors and omissions, misstatements, misleading statements and misrepresentations) by the insured in their capacities as directors or officers of the Insured Company.

 

In effect, the policies function as “management errors and omissions liability insurance,” covering claims resulting from managerial decisions that have adverse financial consequences.

 

Who can bring a claim against you?

 

  • Shareholders
  • Employees (including claims for wrongful dismissal, harassment or failure to employ)
  • Statutory bodies (including alleged breaches of a director’s responsibilities)
  • Creditors
  • Competitors (including allegations of conduct involving anti-competitive behavior)
  • The corporation itself (including actions by a liquidator)

 

Do I really need DnO Insurance?

 

Whether you are found liable for any claims brought against you or the business, the investigation costs and reputational damage from lengthy legal proceedings can be significant. Therefore, if you are a Director or Officer of a corporation or business, it is recommended that you take out Directors and Officers Insurance.

 

Target Market

 

Directors & Officers liability insurance can be written to cover the directors and officers of for-profit businesses, privately held firms, not-for-profit organizations, and educational institutions.

 

How D&O Insurance helps you get and keep Board Members

 

Insurance for board members attracts talented individuals to your organization. Look at it this way: If your directors and officers are sued over the decisions they make, they might face Millions of Shillings in legal costs and the hassle of defending themselves. The possibility might prevent them from wanting to help your business grow.

 

 

How do I start?

Get in touch with Walton Insurance team today to find out more about Directors and Officers Insurance. Our specialists are on hand to find the right protection to suit you and your business.

0202400035 | info@waltoninsurance.co.ke

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