Oversight of protection for directors & officers against litigation may be one of the most important actions a business leader undertakes, yet this function is often overlooked. As a guest speaker at the Canadian Society of Corporate Secretaries (CSCS) annual conference in Montreal in August 2015, I outlined a key rule which surprised some attendees: D&O’s must personally take the time to ensure that they are properly protected from litigation. Many busy business leaders mistakenly believe that is the job of others to protect them, failing to rigorously oversee the various processes which must be in place. The intent of this paper is to provide a quick summarized snapshot for busy business leaders on: the basic duties of D&O’s; current litigation and trends; the basics in D&O insurance and common mistakes; and common best practices. This quick read could save you from scrambling if and when you are named in litigation later.
Typical Extensions of Coverage: policies should be regularly reviewed, to include new extensions which the insurance marketplace innovates annually- older policies will not be current. Do not rely on coverage which hasn’t been revised in the last number of years. See PowerPoint at the end of this blog for a list of some extensions.