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Any company buying Directors & Officers Insurance needs to examine whether a small premium saving each year is worth the risk of having cover that won’t respond when they need it most. We have worked with the Quoted Companies Alliance to prepare a useful briefing document outlining the main considerations, which you can download below.
You should carefully consider your exposure when selecting an indemnity limit and remember that the limit will include defence costs which are very often higher than the actual claim. Factors that need to be taken into account include market cap, amount raised in placings within the last six years, the volatility of the share price and shareholder structure.
Most ‘standard’ Directors & Officers for private policies will exclude both IPOs and share placements unless notified. Our usual guidance for new policies is that all existing placings be included within the policy with allowance for future placings up to a set threshold. The ‘free’ threshold for future placings would depend on the market cap of the company at the time of inception. Future raisings above the threshold can usually be covered subject to insurers review and an additional premium based on the amount raised. It is important to understand the limitations of cover in this area, so make sure you ask your broker to explain how your policy works.
No, almost every policy will cover every retired, past, current and future director of the company (subject to the terms and conditions of the policy).
In most circumstances, yes. You should ensure any subsidiary company meets insurers' definition of ‘Subsidiary’, and this is usually greater than 50% ownership or control. Be wary of subsidiary companies in countries where you must have a local policy in place (and cannot rely on the parent policy), such as Switzerland, Brazil and India. If you are in any doubt, specifically raise the question with your insurance broker.
In most cases, yes. But be sure to look out for specific exclusions (such as USA or North American Exclusions), which would remove cover in total for those countries. Again, in countries where you have subsidiaries you need to be careful to check whether local policies are required, such as India, Brazil and Switzerland.
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