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Directors & Officers Liability Insurance

Directors and Officers Liability Insurance, also known as D&O insurance coverage, is essential for business leaders in the UAE. It shields directors, officers and senior managers from legal claims arising from their managerial decisions and actions. With this coverage, leaders can confidently make strategic decisions to grow a company without the fear of facing personal financial loss due to lawsuits or legal liabilities. ...read more

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What is Directors and Officers Liability Insurance?

The UAE business environment is dynamic and complex, which means company leaders are often exposed to liabilities and litigation. Such risks can put not only the business but also the personal finances of directors and managers at stake. This is where Directors and Officers Liability Insurance becomes essential.

This liability insurance policy protects directors, officers, board members, and even employees against legal suits arising from alleged wrongful acts committed in their professional roles. It covers legal defence costs, settlements, monetary damages, etc., resulting from shareholder, regulatory, or third-party claims.

If a company cannot indemnify its leaders, D&O insurance steps in to cover expenses directly; if the company does indemnify them, the policy reimburses those costs. In some cases, it even protects the company, making it easier to attract top talent and maintain investor confidence.

Who Needs Directors & Officers Insurance Coverage? 

Regardless of size and business operations, any private and publicly held company with a board of directors, advisory committee, secretariats, and other senior roles should take a directors and officers insurance policy in the UAE.

Furthermore, companies in the following areas should consider this policy:

  • Public companies
  • Financial institutions
  • Non-profit organisations
  • Mid-sized private companies
  • Health & pharma companies
  • Manufacturing companies
  • Real estate and construction companies, and more

Why is D&O Liability Insurance Necessary?

Running a business and making key decisions is never easy, as directors and officers are the ones who make the tough calls, carrying responsibility and personal risks. No matter the size or nature of your company, D&O Liability Insurance is essential for businesses in the UAE.

They may be sued by stakeholders, such as shareholders, employees, creditors, customers, competitors, or regulators, for negligence, breach of duty, errors in judgment, or misuse of assets. These claims can result in heavy legal costs, settlements, and reputational damage.

D&O insurance coverage protects both the leadership team and the company. It covers defence costs, damages, and claims, while also safeguarding business continuity, attracting top talent, and building long-term trust with stakeholders. While not mandatory, any company with directors or a decision-making board can get significant benefits with this coverage.

⚡ A Chubb study shows that 25% of companies experienced D&O-related loss within just three years, and 96% of those companies reported negative consequences, ranging from financial setbacks to reputational damage.

Types of Directors and Officers Liability Insurance?

D&O insurance coverage is classified into three categories. Choosing the coverage largely depends on the company’s distinctive model, needs, history, and financial conditions. The following are the three coverage types -

Side A Coverage

It provides coverage for individual directors and officers when the company either denies or or cannot to indemnify them. In such cases, the policy protects the insured individuals, ensuring their personal assets are not at risk.

Side B Coverage

Unlike side A coverage, this coverage reimburses the company when it provides indemnification to its directors and officers. In this case, the company itself is insured, helping protect its corporate assets.

Side C Coverage

This coverage, also known as ‘Entity Coverage,’ protects the company itself. Here, the business is the insured party, and the coverage helps safeguard its corporate assets when they are at risk.

What are the Common Scenarios for Lawsuits Against Directors and Officers?

In the following situations, directors and officers can be sued and require D&O insurance coverage:

  • Breaches of fiduciary duties owed to the company and shareholders
  • Shareholder actions
  • Reporting errors
  • Derivative shareholder/investor claims
  • Direct shareholder/investor claims
  • Regulatory investigations/actions
  • Inaccurate or inadequate disclosure
  • Misrepresentation in a prospectus
  • Failure to comply with regulations or laws
  • Corporate manslaughter
  • Creditor claims
  • M&A litigation
  • Competitor claims
  • Employment practices and HR issues, and more
Inclusions and Exclusions of Directors & Officers Liability Insurance

Here is what the D&O liability insurance plan covers and does not cover:

Inclusions
 
Legal and defence costs 
 
Failure to comply with the rules and regulations 
 
Settlements and judgments 
 
Regulatory fines and penalties 
 
Investigation cost 
 
Inaccurate disclosures
 
Breach of fiduciary duties
 
Financial statements misinterpretation 
 
Employment-related claims (hiring, termination & more)
Exclusions
 
Remuneration or personal profit 
 
Fraudulent activities 
 
Criminal acts 
 
Illegal profits 
 
Previous policy claim 
 
Fines & penalties are uninsurable by law

Directors and Officers Liability Insurance Add-Ons

Depending on your business type and risks involved, you can choose extensions or add-ons to get broader protection with a D&O insurance policy. Some of the common extensions are as follows:

  • Worldwide coverage
  • Global liberalization
  • Passport master policy program
  • Coverage for spousal, domestic partner & legal representative

✍️ These add-ons can vary from policy to policy, so check the available extensions while buying directors and officers liability insurance.

Why Should You Buy D&O Liability Insurance from Policybazaar.ae?

While there are several options to purchase Directors & Officers liability insurance in the UAE, Policybazaar.ae stands out as a leading choice. With this online platform, you can easily buy the right policy without any headaches. Here’s why:

⭐ Industry expert’s guidance

⭐ Top-rated business insurance plans

⭐ Dedicated relationship manager

⭐ Quick claim assistance

⭐ Competitive quotes

⭐ Transparent services

How to Buy the Right D&O Insurance Coverage in the UAE?

Here are the key tips that will guide you in buying the right directors and officers insurance policy in the UAE:

  • Thorough Assessment - Before selecting a policy, carefully assess your business requirements and the risks involved. Consider the specialised area of your company, size, location, compliance, and more, then buy a plan.
  • Coverage Scope - Analyse the key coverages of the policy, such as employment-related claims, third-party lawsuits, investigation costs, and more. Furthermore, pay more attention to the exclusions, as these may limit the benefits of the insurance policy.
  • Compare Different Policies - This is one of the most crucial steps when buying a policy. Don’t just focus on comparing premiums. Rather, carefully evaluate features, benefits, add-on services, and overall coverage for every policy. Select a plan that aligns with your business needs and offers the best value, not just the lowest cost.
  • Seek an Expert’s Advice - If you are unsure about which D&O insurance plan best suits your business, consult an expert such as Policybazaar.ae. Their guidance can help you compare options, select the right coverage, and safeguard your company and directors against potential lawsuits and claims.
  • Quick Claim Process - Choose a reliable insurer with a proven track record and a strong claim settlement ratio. This ensures that in the event of a claim, you receive prompt support, smoother processing, and a higher likelihood of hassle-free settlement.

What Factors Affect the Cost of Directors & Officers Liability Insurance in UAE?

There are various factors on which the premium of Directors' and Liability insurance depends, and some of them are:

  • Size of the company 
  • Business revenue 
  • Business activities
  • Business location 
  • Coverage duration 
  • Claim history 
  • Add-ons, and more

Directors & Officers Liability Insurance Claim Process

Mentioned below are the steps you need to follow to make a claim against directors' and officers' liability insurance in the UAE:

  • In case of any lawsuit or claim, immediately inform the insurer or relationship manager to start the insurance claim process.
  • Submit the claim form, along with some documents supporting your claim, such as the court's notice.
  • The insurer will ask for some required or supporting documents, and in some cases, they may assign an investigator.
  • Once the claim is settled, the insurance company will compensate or reimburse the cost up to the policy limit.

✍️In some cases, the insured must get the insurer’s written approval before admitting fault, settling a case, accepting a judgment, or paying legal costs. This helps the insurer manage the claim and keep coverage intact.

D&O Liability Insurance- FAQs

Q1. Do directors and officers need insurance in the UAE?

Yes, directors and officers hold a very crucial role in a company, as their decisions directly impact business growth and performance. D&O insurance coverage provides them protection against claims made by shareholders, employees, or third parties, helping safeguard them from personal financial losses.

Q2. Who is insured in the D&O insurance policy?

A director and officer insurance policy covers directors, officers, managers, senior executives, legal heirs, trainees, and anyone who is directly involved in the company’s decision-making.

Q3. Can a non-profit organisation get covered under D&O insurance?

Yes, non-profit organisations can get coverage under directors and officers liability insurance in the UAE.

Q4. Can I buy D&O liability insurance online?

Yes, it’s possible to buy D&O insurance online with Policybazaar UAE.

Q5. Who can buy D&O liability insurance?

Any private or public company can purchase directors and officers liability insurance plans in the UAE.

Q6. Is directors and officers liability insurance mandatory in the UAE?

No, D&O liability insurance is not mandatory in the UAE. However, it is strongly recommended as it helps protect both the directors’ personal interests and the company’s financial stability against potential claims.

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