Directors And Officers (D&O) Insurance For Small Business (2024)

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Your company’s decision-makers set the goals and strategies for the business. But without the proper type of business insurance, your company’s individual officers could be exposed to financial losses if they’re sued for a decision they made on the company’s behalf.

For example, accusations of mismanaged funds or a bad investment could lead to a lawsuit.

To get the best small business insurance, you may need to buy directors and officers (D&O) insurance. It’s a good way to retain leaders, cover legal fees and attract investment opportunities.

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What Is Directors and Officers Liability Insurance?

Directors and officers insurance protects the people who serve as directors and officers of a company if they’re sued by employees, customers, vendors or others. It can cover defense costs, a settlement and other expenses that arise out of the lawsuit.

What Does Directors and Officers Insurance Cover?

Directors and officers insurance can help your company if the directors and officers are accused of wrongdoings such as:

  • Causing a financial loss or bankruptcy
  • Failure to comply with workplace laws
  • Misrepresentation of company assets
  • Theft of intellectual property
  • Slander, libel and copyright infringement
  • Mismanaged funds
  • Discrimination against an employee

What Does Directors and Officers Insurance Not Cover?

Directors and officers insurance doesn’t cover everything. Here are examples of problems a policy commonly excludes:

  • Illegal acts or illegal profits
  • Fraud
  • Personal profiting
  • Pending and prior litigation
  • Prior claims
  • Bodily injury
  • Property damage

Compare Directors and Officers Coverage

1

Clear Blue Insurance

Complaint level

Extremely low

A.M. Best financial strength rating

A- (Excellent)

1

Clear Blue Insurance

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2

CNA

Complaint level

Very low

A.M. Best financial strength rating

A (Excellent)

2

CNA

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3

Travelers

Complaint level

Very low

A.M. Best financial strength rating

A++ (Superior)

3

Travelers

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Three Types of Directors and Officers Liability Insurance

Here’s a look at the three types of coverage typically included in a D&O policy.

1. A-side Coverage

This part of coverage will protect the individual assets of directors and officers when there are costs that the business itself does not have to pay, which could include defense costs.

2. B-side Coverage

This part is known as corporate reimbursem*nt, and it covers a business when it has to pay defense costs and legal settlements for directors and officers.

3. C-side Coverage

This part of the coverage is known as entity coverage and helps when a business is named in a lawsuit along with directors and officers. This type of coverage protects a business when there are direct claims made against it.

Who Needs Directors and Officers Liability Insurance?

Any business, public or private, with a board of directors may benefit from having directors and officers insurance.

Lawsuits targeting directors and officers are becoming more common. Without D&O insurance, the company’s assets and the personal assets of the directors and officers are at risk.

In addition, directors and officers insurance protects the personal assets of spouses of a director or officer. These assets could also be at risk in a lawsuit.

To attract and retain qualified executives and board members, a company needs to have a D&O insurance policy in place. An estimated 70% or more of all directors and officers have asked about the amount of their organizations’ directors and officers coverage, according to Travelers. Having a solid directors and officers liability insurance policy is one way to attract potential board members to a company.

D&O insurance may also help you attract investors. Some private equity and venture capital firms may require D&O coverage before they will invest in a company.

How Much Does Directors And Officers Insurance Cost?

The median cost of directors and officers insurance is $1,240 per year, according to Insureon. Your D&O costs will depend on several factors, such as:

  • The business’s amount of debt
  • Claims history
  • Company revenues
  • Policy limits
  • Type of business

How to Get the Best Directors And Officers Liability Insurance

To get the best rates on a D&O policy, get quotes from several insurance companies. Be sure to work with an insurance professional who is knowledgeable about D&O coverage.

Read the D&O policy carefully and make sure you understand the coverage you are buying. Once you have a directors and officers policy in place, you’ll be able to reach out to potential board members and officers that you are looking to attract to your company.

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Directors And Officers (D&O) Insurance For Small Business (2024)

FAQs

Do small businesses need D&O insurance? ›

By obtaining D&O coverage, startups and small businesses can enhance their credibility, attract investors, and safeguard against potential legal and financial setbacks. It is crucial for these organizations to work with experienced insurance carriers or brokers to tailor D&O insurance to their specific needs.

How much does D&O insurance cost for a private company? ›

What is the average cost of D&O insurance? Small businesses pay an average premium of $138 per month, or $1,653 annually, for directors and officers insurance.

Who should have directors and officers insurance? ›

Given the complexity and costs of these claims, any company or organization with a board of directors, has secured investments, or could be accused of financial mismanagement should strongly consider D&O insurance.

Do D&O policies only cover directors and officers? ›

Coverage is usually for current, future, and past directors and officers of a company and its subsidiaries. D&O insurance covers the individual for acts performed or omitted while in that position with the company.

Should an LLC have D&O insurance? ›

Directors and Officers (D&O) insurance: If your LLC has a Board of Directors, your board members or appointed officers could be personally sued by employees, investors or competitors over the management of the company. D&O insurance will cover these legal costs and keep their personal assets protected.

How much D&O coverage do I need? ›

Many lawyers argue the minimum for any public company regardless of size, should start at 5-10 Mill. Public companies also generally have more complex towers with multiple layers of coverage, including Excess Side A insurance.

Who pays for directors and officers insurance? ›

A company pays for this coverage so executives can serve confidently as leaders of their organization without fear of personal financial loss. In essence, D&O is a liability insurance policy, payable either to directors and officers of a company or the company itself.

How much D&O insurance should a nonprofit have? ›

If your organization doesn't have any employees, you can purchase $1 million in D&O limits for approximately $600 each year. If your organization has employees, you can pay around $1,200 for those with just a few employees to around $4K to $5K for up to 50 employees.

Why does a private company need directors and officers insurance? ›

D&O coverage protects board members and officers against claims that their decisions financially hurt their public, private or non-profit company or educational institution.

What doesn't D&O insurance cover? ›

Directors & Officers insurance is one of the policies that can help protect your business and personal assets. However, it does not cover intentional criminal activity. This includes activities that involve fraud, forgery, insider trading, or any other illegal behaviour.

What is excluded in a D&O policy? ›

Many D&O policies exclude losses that arise from catastrophic hazards, such as war, environmental damage, nuclear events, or acts of terrorism (due to the September 11, 2001 attack). Sometimes the policy will include coverage carvebacks for shareholder claims, as well.

Do I need directors and officers liability? ›

If directors and officers do not have insurance, they face a greater risk of not being able to defend themselves against: disqualification from holding the position of director. civil proceedings which can lead to hefty legal costs and awards for damages.

Do privately held companies need D&O insurance? ›

It is a common misconception that because a privately held company is not publicly traded, it does not have D&O exposure. Nothing could be further from the truth. While publicly traded companies tend to have heightened exposure by comparison, privately held companies are also at risk for D&O claims.

Do you have to have D&O insurance? ›

If directors and officers do not have insurance, they face a greater risk of not being able to defend themselves against: disqualification from holding the position of director.

When should a startup get D&O insurance? ›

Suppose you want to secure funding for your business. In many cases, the investor(s) will require you to have D&O insurance, especially if they place someone on the board of directors. This approach ensures that these individuals' assets will be protected against claims while acting as directors and officers.

Does a nonprofit need D&O insurance? ›

With the average claim against non-profit directors and officers costing around $35,000 to settle, it is necessary for non-profit organizations of all sizes to secure D&O insurance.

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