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ARTICLE · 15 MAY 2006

Is Your D&O Coverage Up To Scratch?

While the need for directors' and officers' insurance ("D&") is well understood, there's less understanding of some common problems in ensuring adequate coverage. In this article we'll look at recent cases which clarified liability for defence costs, and allocation of losses where a claim involves both insured and uninsured losses.

AustraliaLitigation, Mediation & Arbitration

Key Points

  • Clear agreement should be reached between the insurers and the insured regarding their respective liabilities where an action against a director includes insured and uninsured claims.
  • Indemnity arrangements between a company and its directors and officers must be clearly documented to maximise recovery under D&O insurance.

While the need for directors' and officers' insurance ("D&O") is well understood, there's less understanding of some common problems in ensuring adequate coverage. In this article we'll look at recent cases which clarified liability for defence costs, and allocation of losses where a claim involves both insured and uninsured losses. In the next edition of LDR Insights we'll consider the special issue of the advance payment of defence costs.

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