Risk & Business Magazine Spectrum Insurance Magazine Summer 2018 | Page 6

D&O INSURANCE Directors And Officers Insurance for Private Companies M any businesses wrongly assume that directors and officers (D&O) insurance is only necessary for publicly traded companies. However, privately held organizations can just as easily fall victim to lawsuits that can impact the company, its officers, and the board, making D&O insurance a must. While D&O insurance provides a last line of defense for organizations and their leadership teams, the best way to protect against a D&O claim is to avoid them altogether. Understanding the main sources of D&O liability can go a long way in avoiding costly legal action. SOURCES OF D&O LIABILITY EMPLOYEES Regardless of your company’s size or mission, the legal costs associated with a D&O lawsuit can be crippling for both an organization and its leadership. To complicate matters, D&O liability can Most directors and officers are surprised to learn that employees are one of the most common sources of a D&O claim. In fact, for private businesses and nonprofit organizations, employees represent a 6 come from a variety of sources, and claims can arise without warning. major D&O exposure. If employees are mistreated during any phase of their employment, they may bring their concerns to the organization’s management team. If employees feel that their concerns have not been addressed in a sufficient manner, they may seek legal action as a means of resolving their grievances. Common employment practices claims against directors and officers include the following allegations: • Wrongful dismissal • Discrimination, including workplace