Professional Indemnity Insurance for Directors and Officers (D&O)

• Extended definition of insured event (e.g. third party notice, filing of court application by shareholders to allow the claim, etc.)
• Addition of cover component Faute non séparable
• Addition of cover component First party loss
• Expanded group of insured persons
• Extended retroactive cover for new subsidiaries
• Extended insurance cover for former and exiting subsidiaries
• Expanded insurance scope, with addition of the following (among others):
      > Preliminary assumption of defence costs
      > Preventative defence costs
      > Crisis management
      > Mediation
      > Arbitration
• Optional extension of insurance period
  
• Improved extended reporting period provision
• Improved insurance cover provision for insured persons who have left the company, and the possibility of a circumstances announcement
• Change of control at policyholder: no automatic expiry of policy

In general, newly formed companies that are financial stable can also be insured. However, compared to established companies they face a higher risk of insolvency. Therefore we will need the business plan, which should also include information about the financing for the next 3 - 5 years.

The requested cover will depend on the customer. Usually, the cover is 10% of sales revenues, whereby the company's equity capital represents the upper limit.

Yes. However, an international insurance programme may have to be arranged for compliance-related reasons.

AIG has been offering D&O insurance worldwide since the 1920s, and in Switzerland since the mid 1980s, which means that it is one of the most experienced providers with extensive claims experience and expertise.

According to Swiss and comparable foreign laws, the management and controlling bodies of legal entities are personally liable for damages that they inflict on third parties or their own companies in their capacity as an executive body of the company. Such executive bodies may include managing directors, supervisory boards, management boards or advisory boards.  
Liability exists if the executive body has culpably breached an obligation, which led to the resulting damages (causal relationship). Standard of fault is the due diligence of a proper business person. This standard of fault is very strict, as even the slightest negligence can be held against the relevant executive body. Liability exists jointly and severally, i.e. where multiple managing directors are jointly responsible for the management of a limited liability company, each is liable for a breach of obligation committed by the other.
In liability proceedings, the managing director assumes the burden of proof that no breach was committed.