Directors’ and Officers’ coverage (D&O) has long been a favorite among companies that want to protect their directors and officers from damages resulting from alleged or actual wrongful acts they may have committed in their positions. Aside from affording protection against disgruntled shareholders in publicly owned companies, D&O insurance offers privately held companies protection against employees, clients, stockholders, vendors, creditors, and even minority shareholders related by blood or marriage. Directors’ and officers’ liability insurance is often confused with professional liability insurance (or errors and omissions coverage). While professional liability/errors and omissions coverage applies to performance failures and negligence with respect to products and services, directors’ and officers’ liability insurance covers the performance and duties of the executive team.
NOTE: If directors’ and officers’ insurance coverage is not in place to protect their personal assets, it is not likely that investors and members of the board of directors will serve as corporate directors or officers.