D&O insurance: professional indemnity for management and supervisory bodies

Description

Security for entrepreneurial responsibility

Personal liability for management and supervisory bodies has increased noticeably in recent years, not only in the DACH region. Board members, managing directors, supervisory board members and comparable decision-makers today operate in an environment of growing regulatory requirements, complex corporate structures and rising expectations from customers, investors, supervisory authorities and the public.

This development entails a significant personal liability risk. Bases for claims increasingly arise from strategic decisions, compliance breaches, organisational failures, liquidity planning or matters in connection with transactions, restructurings or situations close to insolvency. ESG topics, cyber risks and corporate due diligence duties are also moving further into focus as potential grounds for claims.

AIC develops individually structured D&O insurance solutions for this demanding risk situation that go well beyond classic standard cover. As a combination of financial loss liability and legal protection functions, D&O insurance provides comprehensive protection for insured board members – both in defending unfounded claims and in indemnifying justified compensation claims.

Our cover concepts are precisely aligned with the respective corporate structure and apply worldwide – including all majority holdings and subsidiaries. All board activities are insured as well as a wide range of typical risk situations, for example arising from organisational and supervisory duties, financial dispositions, balance sheet and tax-related issues, transactions or insolvency-related matters.

Cover regularly includes managing and supervisory bodies, their deputies and senior employees with responsibility comparable to that of a corporate body – without named notification and including defined notification periods for persons who have left.

AIC combines this structural protection with sound advice and a precise analysis of your individual risk situation. In close coordination with leading insurers, we create robust, economically optimised solutions that meet the increased demands of entrepreneurial responsibility. In the event of a claim, we support you with the necessary professional depth and ensure consistent protection of your interests – discreetly, efficiently and with a clear understanding of the particular challenges of your role.

Who is insured?

  • Managing bodies and supervisory bodies and their deputies are insured.
  • Procurators and senior employees, and their equivalents under foreign law (e.g. officers), are also insured where they act in a function comparable to that of a corporate body. Where liability is limited by statute or case law, D&O insurance responds in line with that liability.
  • Named notification of individual board members is not required. New joiners are automatically covered. For persons who have left, cover also applies within the agreed notification period for breaches of duty falling within the insured period of their former activity, provided D&O insurance was maintained.

What is insured?

  • Negligent and grossly negligent breaches of duty that cause or could cause financial loss are insured.
  • Cover applies worldwide for your firm and all subsidiaries, i.e. companies in which your firm holds at least 50.1 %, controls voting rights or otherwise controls the company.
  • Cover includes judicial and extrajudicial defence against unfounded claims and indemnification of insured persons for justified compensation obligations.

Which activities are insured?

All activities as a corporate body are insured; this includes claims or the assertion of claims arising from

  • selection and supervision of staff and organisation of the company,
  • liquidity planning,
  • irregularities in bookkeeping and accounting (e.g. liability for tax debts or unremitted social security contributions),
  • allegations in connection with takeovers and mergers,
  • insolvency-related matters (e.g. allegation of delaying insolvency), insider trading, failure to observe lock-up periods, etc.,
  • the employment relationship,
  • allegation of negligent manslaughter through failure to comply with health and safety rules,
  • liability for environmental offences,
  • breaches of competition law, etc.

More security. More performance. AIC.

Our coverage concepts stand for comprehensive protection and economically convincing solutions. Over 27 years of experience, excellent market knowledge and insurance concepts developed by experts create a clear advantage for you: professional insurance protection at attractive conditions in market comparison.