Advantages of taking out D&O insurance:
D&O Responsabilidade Civil Profissional Administradores e Diretores
D&O insurance is taken out by the company to protect directors and officers against third-party claims on management acts performed in the course of their duties, covering defence costs and damages.
Any commercial company of any size should take out this insurance, because the level of requirements and responsibilities are the same, regardless of the size of the business.
Advantages
- To give peace of mind to the Directors, Managers and Managing Partners of a Commercial Company, protecting their personal and family assets and those of their spouses and heirs;
- To provide protection for the Company's assets;
- Provide reimbursement to the Company in the event that it responds, where possible, for compensation that would have to be paid directly by individuals;
- Helping Insureds by paying Defence Costs associated with the defence of lawsuits and investigations, or even providing specialised legal representation in the defence of these matters;
- It gives the image, before the market and before other entities, of management with a culture of risk and concern for mitigating activity risks.
- For the Company, it means retaining and hiring the best managers;
- Protection of the Company's balance sheet and the personal/family assets of the managers;
- Climate of economic difficulty leads to more and more company insolvencies, more collective redundancies, more regulatory legislation and a greater tendency for third-party claims;
- In some situations, the costs associated with legal defence may even exceed the net value of some Companies, depending on the complexity of the lawsuit (see, for example, the "Face Oculta" and "Operação Furacão" cases);
- Proving innocence and demonstrating that rational business criteria were followed in making the decisions requires experts and specialist lawyers;
- The damages can be extremely high and a manager who has to defend himself throughout the process may find himself on the verge of having to sell his assets or take out loans just to meet the defence costs, not to mention the damages themselves;
- Disgruntled shareholders and other potential claimants are increasingly a trend in the life of Companies;
- Poor management decisions are likely to be more visible in small or medium-sized companies, and their effects attract the attention of shareholders, regulators and others;
- The decisions taken and the acts or omissions of management committed by managers can have a rapid and significant impact on a Company's balance sheet and operations;
- Managers today work in extremely demanding and challenging business environments, and are required to assume an increasingly participative role and to be aware of all decisions relating to the Company's management;
- And conflicts of interest may exist due to the greater complexity of the responsibilities assumed.
Covers
D&O Insurance guarantees payment of the amounts for which the Insured become civilly liable and are legally obliged to pay third parties as a result of claims made against them for unlawful acts performed or allegedly performed in the exercise of management or supervisory functions.
It is the personal and family assets of the individual Insured or the assets of the Commercial Company that are liable for any payments that they may have to make.
It also includes the costs of defence or legal representation that the Insured has to bear, to defend themselves against any claim, including judicial or regulatory proceedings, or to be represented in the context of an official investigation. In many of the claims handled by Insurers, payments are normally made exclusively for defence costs and legal representation, making this guarantee vitally important to those seeking this insurance.
The information contained in this website is merely indicative. The rights and obligations of the parties are defined in the Proposals, Conditions Special and General applicable terms of the respective insurance policies contracted.