Some Common D&O Risks & Claims
Taking company-related decisions is a risk and a challenging task. Irrespective of knowledge, experience, and ability to handle situations, there might be instances when the board members or officers face litigations. Some of the common D&O risks and claims include:
1. Violation of Workplace Laws
Every business is liable to follow certain laws and operate within the paradigm of the same. Be it due to error in judgment, ignorance of the law, or misunderstanding, such offences can have serious legal consequences. The onus of this is usually on the decision-makers; that is director and officers in charge.
2. Investor Lawsuits
Company officers, directors, and board members are in many ways responsible to investors. The set of investors may differ in the case of a start-up or a public limited company. However, the responsibilities of the executives and the ones at the upper management are no less.
If the company cannot meet the expectations of the investors, it may face dire consequences. The investors expect a certain level of growth in the company which may have been projected earlier if not met, legal conflicts may erupt.
3. Allegations of Not Being Transparent
No investor, shareholder, client, or partner would want any company-related information hidden from them. But there may be times when the company’s directors and officers of the company are alleged to be less than transparent. This may put the directors and officers at risk of being bombarded with lawsuits leading to financial worries they may suffer as defendants. This is one of the most common D&O risks and claims that businesses face in the current times.
4. Misrepresentation
To run a company, it is good to be ambitious. However, the means to achieve these goals play a vital role. Misrepresentation is that fine line that the directors’ or officers of businesses may cross to achieve a certain goal. To get the tender, to earn an award or to showcase the firm in a better light, whatever the case may be, misrepresentation usually has a negative consequence when such facts are revealed.
Conclusion
With D&O insurance, the company showcases that it is prudent in exercising due caution and ensuring that its directors and officers are protected against potential legal issues. Providing directors and officers insurance as part of the benefits package goes a long way in keeping executive leadership satisfied and giving them peace of mind.
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