D&O Developments in 2011: Keeping us on our toes

2011 was another interesting year for directors, officers and their insurers. While the trends identified in recent years continued, some new issues arose both in judicial decisions and regulatory changes. One case, Bridgecorp (see page 43), had underwriters immediately reaching for their pens to enhance existing cover.

The claims environment remained active. In that regard, many long tail claims following the credit crunch and the Global Financial Crisis are still progressing through the system. The various agri-investment class actions are but one example. We have continued to see a rise in employment practices claims against companies and their directors, including for unfair dismissal, harassment and bullying.