Directors and Officers Liability Insurance for Liability Insurance

The Directors and Officers of companies may become liable to pay damages for wrongful acts such as failure of supervision of the affairs of the Company etc. Directors and Officers liability policy is therefore designed to provide protection to Directors and Officers of a Company against their personal liability for financial losses arising out of wrongful acts or omissions in their capacity as directors or officers. The coverage is granted in two parts under the insuring clause: (i) Company Reimbursement: Insurance of the Organization itself – Organization is entitled (and often obliged) by way of its articles of association to indemnify its Directors and Officers. However, the extent of this indemnity is strictly limited under the Companies act. The organization may only reimburse to the extent of legal costs expended and then only if the Director/Officer successfully defends that action. (ii) Directors and Officers: (a) Insurance of the Director/Officer – if the action against him is successful, then the Director/Officer is “on his own”. He is exposed not only to legal costs but to any damages which might be awarded against him. The organization will now of course be precluded from indemnifying him.(b) The second part of the cover (D&O) will now respond, provided that the Director/Officer has not acted in a deliberately dishonest manner. Fines and other penalties are not recoverable. As in the case of other liability insurance policies, the D&O policy is subject to compulsory excess and certain exclusions. Besides, the policy provides for Directors and Officers to comply with certain specified claim conditions. Many coverage are provided under the policy as Add-on extensions.

Directors’ and officers’ liability insurance

Indemnifies directors and officers for loss arising from claims against them by reason of a wrongful act related to their duties. The indemnity is on annual aggregate limit basis inclusive of legal costs and expenses incurred in responding to any allegation against directors and officers. Defence costs related to certain criminal or regulatory charges are also covered. The policy does not cover fines, penalties or punitive damages or, unless extended, liability as pension trustees. The insurer indemnifies the company where it has reimbursed a director or officer in relation to an insured event. The policy is claimsmade, carries an excess and may be extended to cover employment practices liability. See ALLOCATION.

Directors’ duties/liabilities

A director has extensive powers to bind the company but may be personally liable for a breach of duty. The duties embrace: compliance with the Companies Acts and the Articles of Association; exercise of reasonable care and skill; and a fiduciary duty to act in good faith. Directors principally owe their duties to the company but may also owe duties to creditors and the company’s employees in general. Certain sections of the Companies Acts and other legislation (e.g. Health and Safety) expose the director to criminal liability. Directors may also attract personal liability for fraudulent trading or wrongful trading or exceeding their authority. See DIRECTORS’ AND OFFICERS’ LIABILITY INSURANCE.

Disability

UK: 1. Disability Discrimination Act 1995 defines it as an impairment that is either physical or mental adversely affecting the person’s ability to carry out day to day activities. The adverse effect must be substantial and long-term. 2. Under income protection insurance and other health policies disability definitions are related to occupation. Disability could mean the inability of the insured to carry out (a) his own occupation; (b) any occupation for which he is suited by education, training and experience; (c) any occupation; or (d) specific tasks as defined in the activities of daily life or activities of daily work.
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MEDICAL,USA: 1. Impairment, loss of function (mental, physical, social), and inability to work either temporarily or permanently due to an injury or sickness. There are varying types (functional, occupational, learning); degrees (partial, total); and durations (short-term or long-term temporary, total, permanent) of disability. 2. For Social Security purposes, the inability to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or to last for a continuous period of not less than 12 months. Special rules apply for workers aged 55 or older whose disability is based on blindness. The law generally requires that a person be disabled continuously for 5 months before he or she can qualify for a disabled worker cash benefit. An additional 24 months is necessary to qualify under Medicare. 3. In workers’ compensation cases, a condition that renders the insured employee incapable of performing one or more of the duties required by his or her regular occupation. 4. In disability insurance, the definition of disability is variable. Some policies pay benefits if the individual cannot return to the exact occupation he or she had before. Some pay only if the individual cannot do any job for which he or she is reasonably qualified. Some policies pay if the person has been disabled by an accident and not by illness. Some policies have several tests to determine whether the insured is disabled according to the policy.
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A medical condition or psychological affliction that limits the individual’s capability to engage in everyday activities. This may be a temporary or permanent circumstance.
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A physical condition which makes an insured person incapable of doing one or more duties of his occupation.
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US: A physical or a mental impairment that substantially limits one or more major life activities of an individual. It may be partial or total. (See Partial Disability; Total Disability.)
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Takes several forms and would depend upon the terms of the individual Policy. Major areas are partial, which is found under accident and health Insurance, permanent partial, which is found under workmen’s compensation, accident and health Insurance, permanent total disability which is found under workmen’s compensation Insurance, accident and health Insurance. Also temporary total and temporary partial which are found under workmen’s compensation, accident and health Insurances.

Disability Benefit

Periodic payments, usually monthly, payable to participants under some retirement plans, if such participants are eligible for the benefits and become totally and permanently disabled prior to the normal retirement date.