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Directors and Officers (D&O) Insurance for Australian Companies

Directors and Officers (D&O) insurance protects the people at the top of your business against any claims that arise from executive decision-making. 

Being a director and officer at a company, regardless of the scale, can mean making tough decisions at times. This essential cover safeguards your leadership from any legal or financial consequences if a claim arises as a result of one of these decisions. 

Your leadership team should be able to perform their jobs without the fear of personally paying for legal defence costs or investigation fees. Ensuring you have adequate D&O insurance is critical to protect the livelihood of the people who drive your company forward.

At Barrack Broking, we work with businesses across Australia to look at how risks to management sit within the organisation, and whether the current cover adequately reflects those risks.

What is Directors
and Officers Insurance?

Directors and officers liability insurance deals with the risks to individual executives that come from running a business. It’s a specialised policy designed to protect the personal assets of your business’s leadership team from regulatory action as a direct result of a management decision.

A typical D&O policy includes:

Side A Cover

Offers personal protection for individual directors and officers if the company itself is unable to indemnify them.

Side B Cover

Protects the corporate balance sheet by reimbursing the company after it has indemnified its directors or officers for a claim.

Side C Cover

Common for listed organisations, this extends the coverage to the company itself

What D&O Insurance Covers (and Doesn’t)

Directors and Officers Insurance is a comprehensive bundle policy that covers the operational and legal risks impacting your senior leadership team.

While policy wording varies across insurers,  most coverage is built around a few key sections which typically include: 

  • Shareholder & Investor Actions: Claims that allege mismanagement, breaches of duty, or financial mismanagement. 
  • Employment Practices Liability: Responds to employee-related claims, including matters such as unfair dismissal, discrimination or workplace disputes. These issues can arise even where decisions were made in good faith.
  • Regulatory Investigations: Defence costs for regulatory enquiries eg. ASIC, APRA, or ATO.
  • OHS & Workplace Safety Enquiries: If claims arise from workplace health and safety concerns, this covers legal representation and defence costs.

While comprehensive, D&O insurance has its coverage limitations, like with any form of insurance. What’s typically excluded from a standard policy:

  • Fraud & Dishonesty: Intentional criminality committed by your leadership, such as lawbreaking or illegal profiting. 
  • Known Prior Claims: Any incidents known to the management board prior to the policy commencing, as insurance cannot be applied retrospectively.
  • Bodily Injury & Property Damage: This falls under Public Liability or Workers’ Compensation
  • Professional Negligence: Errors or omissions in regards to your management decisions is covered by Professional Indemnity insurance instead.

Who Needs Directors
and Officers Insurance?

This isn’t just relevant for large organisations. Any business with directors, a management structure or employees is exposed to some level of governance and employment-related risk.

Small-to-medium (SMEs) businesses also need effective risk management for their company directors, as they are often more vulnerable to personal exposure as management decisions are more likely to be concentrated to one or two people.

Barrack Broking secures robust D&O protection for a diverse range of Australian businesses so your management board can grow your business with confidence, without fear of professional liability.

We are experts in protecting:

  • Private companies with a board or management team.
  • Family-owned businesses.
  • Not-for-profit organisations.
  • Companies with employees 
  • Fast-growing businesses who are facing regulatory scrutiny.

To learn more about the wide-range of industries we support through our tailored insurance solutions, explore our Who We Help page.

Related cover
for Australian business leaders

At Barrack Broking, we advise looking beyond a standalone D&O policy to ensure each layer of your enterprise is protected. 

Complete your corporate risk programme by exploring our related business cover in order to  build a cohesive insurance strategy.

Management Liability Insurance

This additional package bundles D&O cover with broader employment practices such as statutory liability and corporate crime insurance. 

Professional Indemnity Insurance

This insurance protects your business from backlash from negligence claims, incorrect professional advice or breaches of contract.

Public and Products Liability Insurance

This protects businesses when legal claims are made by a third party for injuries or property/product damage.

Protect your Directors and Your Business Today

Give your leadership the peace of mind and get in touch.

Start a Quote or Contact a Broker to start a conversation today.

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