Directors & Officers Circumstances & Claims

Claims on Directors & Officers Liability Insurance

Prompt Reporting

It is important that your insurers are notified as soon as you become aware of a claim or circumstances that might result in a claim.

The Benefits of Prompt Reporting include:

  • Insurers can immediately appoint solicitors to record relevant information which may be forgotten by the time a claim is made.
  • The claim can be managed by your insurers and their solicitors who are experienced in dealing with such matters.
  • Your business can continue with the minimum amount of disruption caused by the claim.
  • The matter may be resolved by the insured and the insurers before it proceeds to legal action.

Normal Practice

You must provide all necessary assistance to your insurers in the event of a claim.

You must never admit liability, settle a claim or incur any costs in with the claim without the written consent of your insurers. Your insurers are entitled at any time to take over and conduct the defence or settlement of any claim in your name.

For a full understanding of Directors' and Officers' liability insurance it is vital that the policy wording be examined and discussed with your advisers. This summary is not a definitive analysis of the insurance coverage and is given for general information purposes only.

Latest News

D&O premium pool ‘must treble’ to return to profitability

A new report – called "Show Me The Money!" by insurer XL Catlin and law firm Wotton + Kearney – is the second in a series of three white papers on securities class actions and their impact on the Directors & Officers Liability (D&O) market. The main conclusion is that Directors’ and officers’ (D&O) insurance premiums are under-priced significantly and need to rise strongly to restore profitability. The main risk areas are those exposed to securities class actions, 

It says Directors & Officer's Side A, Side B and Side C cover has been chronically underpriced since at least 2011, while the frequency of class actions is increasing as more plaintiff lawyers and litigation funders enter the space.

The analysis suggests last year’s overall premium pool of about $210 million would need to increase by at least three times to establish a profitable market, if it is assumed all other factors stay unchanged.

“Recent market developments would indicate most D&O insurers are now endeavouring to restore some semblance of profitability to their portfolios after years of market losses,” the report says.

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75% of Cyclone Debbie claims settled

In the 6 months since Cyclone Debbie devastated Queensland and parts of northern New South Wales:

• more than 31,000 homes and business have been repaired or received settlements from their insurance company

• more than 20,000 families have had possessions replaced

• more than 4,500 motor vehicles have been repaired or new vehicles provided

• hundreds of local builders and trades have been working on properties to repair the damage and destruction caused by the cyclone

• over $5 million has been paid EACH DAY to assist local communities, residents and businesses.

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