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Plan & Protect
Reduce risks and enjoy peace of mind with these tips and insights to protect what matters most.
Owners of private companies without shareholders often believe they do not need directors and officers liability coverage. The misconception takes hold because small, privately held companies often have no formal board of directors or shareholders – which seemingly limits exposure to lawsuits and dismisses the need for D&O liability coverage. While logical, this could not be further from the truth.
Think of D&O insurance as coverage for management decisions – regardless of the presence or absence of a formal board of directors. Who makes the decisions? That's who needs protection. A D&O policy covers ALL employees and provides coverage for decisions these individuals make on behalf of the company.
Who would bring an action against a company? Your immediate thought is shareholders. You're right, but it does not stop there. Anyone who believes they have been harmed by the actions of a company can take legal action against the company and its decision makers. This can include claims from:
Lawsuits brought by creditors, the government and regulatory agencies, while routinely overlooked, can devastate a business. The reason? Once they pursue legal action, it can put not only the company in jeopardy of surviving, but also the personal assets of those involved. Even if there is a finding of no wrongdoing, defense costs typically reach well into six figures and can cripple a small company and personally bankrupt individuals.
Every business – no matter how small – should understand they face exposures that can be protected by D&O insurance. D&O liability is a severity issue, not a frequency problem. Most businesses will not have a D&O claim arise but, if they do, the cost to defend against allegations could put them out of business if not properly insured.
This loss control information is advisory only. The author assumes no responsibility for management or control of loss control activities. Not all exposures are identified in this article. Contact your local, independent insurance agent for coverage advice and policy service.