Directors & Officers

Directors & Officers

Against a legislative backdrop of increasing shareholder activism, strict compliance requirements for corporate governance, and ever more aggressive regulators, the legal and personal liability of company directors and officers is at an all-time high.

Businesses operating in foreign jurisdictions are required to comply with the legal framework relevant to their overseas operations. Such compliance includes listing and filing requirements, rigorous market disclosure and careful management of their professional relationships with employees, creditors, customers and suppliers.

Directors and officers are personally exposed to unlimited financial liability, and the company and board of directors share the responsibility for ensuring they have the highest possible level of protection.

In response to these evolving challenges, Liberty’s Directors & Officers (D&O) policy wording provides market leading D&O protection. Our wording, combined with our ability to offer limits up to US$25 million, makes Liberty an attractive lead insurer for private, publicly listed and government-owned entities.

At a glance:

  • Limits up to US$25 million
  • Access to professional advice and legal representation (for an internal inquiry, self-report to a regulatory body and any industry-wide inquiry) 
  • Additional Side A limit available to all directors
  • Change in control - lifetime cover for former insured persons who retired or resigned during the policy period
  • Recoveries which are in excess of payments to the insured are reinstated to the limit of liability
  • Fraud and dishonesty exclusion triggered only by a final, non-appealable legal ruling; no longer triggered by admission of fraud
  • Provides full defence costs cover for all claims in the USA and claims alleging employment practice breaches in the USA; Former Insured vs Insured exclusion now applies only to claims brought by the company in the USA
  • No pollution or professional services exclusion
  • No late notification penalty if insured is legally prohibited from notifying a claim, inquiry, raid or self-report
  • Also covers asset and liberty expenses, bail bond and civil bond expenses, extradition costs, personal taxation liability, public relations and reputation protection expenses.

Our Approach

Having corporate Directors & Officers (D&O) Liability cover and Side A cover with the same insurer can leave directors and officers wide open to financial exposure; for example, if the insurer denies liability under the corporate D&O Liability policy, or, worse, becomes insolvent.

When structuring D&O Liability cover, it may make sense to keep Side A cover with an insurer who is not a major player in the corporate D&O programme.

At a glance:

  • Provides difference-in-conditions cover which may provide protection when the:
    • claim is not covered by the underlying corporate D&O policy;
    • corporate D&O insurer(s) is insolvent; or
    • corporate D&O policy is rescinded by the insurer(s)
  • Fills potential gaps in corporate D&O cover
  • Limits exhaustion peace of mind: a policy limit is set aside exclusively to cover claims made if the corporate D&O cover limit is depleted from paying previous claims.
Get in touch with an Underwriter
Ann Dang - Vice President, Professional & Financial Risks, Asia

Ann Dang

Vice President, Professional & Financial Risks, Asia
T: +65 6622 9187

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Louise Tong - Senior Underwriter, Professional & Financial Risks

Louise Tong

Senior Underwriter, Professional & Financial Risks
T: +65 6622 9186

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Shi Min Tan - Senior Underwriter, Professional & Financial Risks

Shi Min Tan

Senior Underwriter, Professional & Financial Risks
T: +65 6622 9185

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