Directors and officers (D&O) liability insurance
Directors and officers can be held personally liable for decisions they make running a company. We arrange D&O insurance for private companies, not-for-profits and listed entities Australia-wide.
We work with specialist insurers to set up cover that protects your personal assets, and the company, when a decision is challenged.
Covers to consider
Every business is different. Depending on what you do, a sensible program may include:
Directors and officers liability
Claims against individual directors and officers for alleged wrongful acts in their role (Side A).
Company reimbursement
Reimburses the company when it indemnifies its directors and officers (Side B).
Entity securities cover
For listed companies, claims against the company itself by shareholders (Side C), where available.
Legal defence costs
Defence costs, often paid as they are incurred, before a claim is decided.
Investigation costs
Legal representation at investigations or inquiries by regulators such as ASIC, the ATO or the ACNC.
Extensions
Can include outside directorships, retired directors, and spouses and estates, where available.
Who it's for
- Private companies
- Family businesses
- Start-ups seeking investment
- Not-for-profits and charities
- Associations and clubs
- Strata and owners corporations
- Listed companies
- Non-executive directors
D&O policies are usually written on a claims-made basis. The policy in force when a claim is made responds, so keeping cover in place without gaps matters.
Real risks we help you plan for
Regulator investigations
ASIC or another regulator investigates a director's conduct and legal costs mount quickly.
Insolvent trading
A liquidator alleges the company traded while insolvent and pursues the directors.
Shareholder claims
Shareholders or investors allege they were misled or that the board acted against their interests.
Employee claims
A director is personally named in an unfair dismissal, bullying or discrimination claim.
Creditor actions
Suppliers or lenders pursue directors personally after a business failure.
Work health and safety
Officers are investigated after a serious workplace incident (fines and penalties are generally not insurable).
How we work with you
Independent broking, Australia-wide, with one point of contact.
- We learn how your business runs and what you need to protect.
- We compare cover across a range of insurers and explain the key inclusions, exclusions and limits in plain English.
- We help with certificates of currency for contracts, financiers and leases.
- We support you at renewal, when things change, and through the claims process.
Frequently asked questions
Does my company constitution protect me?
A company can indemnify its directors, but not in every case, and not if the company is insolvent or unwilling to pay. D&O cover helps fill that gap.
What is not covered?
Common exclusions include fraud and dishonesty, illegal personal profit, prior or known claims, fines and penalties that cannot legally be insured, and some professional services or pollution claims. Wording varies between insurers.
Do small private companies need D&O?
Yes, many do. Directors of small companies face the same personal duties as larger ones, and insolvency, employee and regulator claims are common. Cover for smaller companies is often bundled in a management liability policy.
Is D&O the same as management liability?
No. D&O covers directors and officers. Management liability is a package for private companies that usually includes D&O plus cover for the company, such as employment practices, statutory liability and crime.
Talk to us about your cover
We will look at your company, your board and your industry, and talk through your options. Call us, email us or request a callback. We service clients Australia-wide.
Get in touch
- Phone
- (03) 9078 6473
- info@mminsure.com.au
- Hours
- 9:00am to 5:30pm, Monday to Friday
Find out more
Every business is different - which means you need an insurance solution that is tailored for you. For more information, contact us today.
Contact us