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Directors and Officers

Overview

Directors and officers (D&O) in the UK and worldwide are increasingly exposed to the risk of being sued for issues such as:

  • Accounting irregularities
  • Mergers and acquisitions
  • Insolvency-related proceedings (wrongful trading/disqualification)
  • Employment-related claims
  • Corporate manslaughter/breaches of health and safety legislation
  • Environment liability
  • Breaches of competition law

D&O insurance protects personal assets and liability of directors, officers and senior personnel against claims arising from wrongful acts or decisions made in their business capacity. Tokio Marine HCC has a full understanding of the advancement of corporate guidelines and the regulations to which management are bound. We offer a specialised and customised service, clear documentation and most of all, peace of mind.

Related Management Liability Products

D&O exposures extend beyond this to include a range of management liabilities including pension trustee liability, employment practices liability and crime:

Pension Trustee Liability

Directors and officers act as trustees and fiduciaries and are far more accountable for their actions when managing employee benefit plans than ever before. A breach of responsibilities can result in a loss to their personal assets as well as those of the corporations they represent. The scale of potential claims has risen dramatically over the years, stemming from allegations such as:            

  • Breach of fiduciary responsibilities imposed by local statutes
  • Improper advice or disclosure
  • Negligence in the administration of a plan
  • Potential discrimination in the management/administration of a plan

Pension trustee liability insurance protects those directors and officers, as well as employees acting as trustees covering:

  • Employee benefit plans
  • Pension trustees
  • Corporate trustee companies and their subsidiaries
  • Sponsor/employer companies
  • Personnel involved in the administration of pension plans

Employment Practices Liability

Growing awareness of individual employment rights and more stringent legislation provides employees with a platform to sue for wrongful employment practices, with ever increasing success. This can result in dramatic losses of company assets. Companies are now faced with employment-related exposures such as:

  • Wrongful termination
  • Unlawful failure to employ or promote
  • Discrimination based on age, gender, race, etc.
  • Sexual or racial harassment
  • Breach of data protection laws
  • Retaliation
  • Defamation

Employment practices liability insurance programmes provide protection that covers the company, its management and employees against claims brought by the company's past, present and prospective employees alleging wrongful employment practices.

Crime Insurance

Crime-related losses, particularly those arising from employee dishonesty, have grown in recent years. Global expansion, mergers and acquisitions and technological development inevitably facilitate employee infidelity, fraud, theft, forgery and computer-related crime. Corporates and financial institutions are susceptible to such criminal activities and their effects can be devastating, including:

  • Employee infidelity
  • Premises risk (loss or damage to property resulting from theft)
  • Cash in transit (loss of money on site or in transit)
  • Forgery or alteration of cheques and securities
  • Counterfeit currency
  • Damage to offices and content

Crime insurance is designed to safeguard commercial entities and financial institutions from such financial losses.

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