Mukwiri, Jonathan (2017) 'Directors’ and officers’ insurance in the UK.', European business law review., 28 (4). pp. 547-573.
This paper examines the significance of the directors’ and officers’ (D&O) insurance policies in the UK. It argues that the significance of D&O policies lies in D&O policies being commercial than legal tools for directors. When third parties sue a director, unless the director assumes personal responsibility (where this assumption is an element of the civil wrong), English law does not impose personal liability against the director, and a D&O policy, as a legal tool, may not respond. Moreover, as a legal tool, it may not be necessary, as defence costs can be provided to directors under company indemnity. As commercial tools, D&O policies provide directors with defence and investigation costs, and in criminal cases defence costs until the final judgment or admission of dishonest conduct. Moreover, as a commercial tool, unlike under company indemnity where directors would repay defence costs if unsuccessful, defence costs will usually be covered off by a D&O policy in the event of a negative judgment.
|Full text:||(AM) Accepted Manuscript|
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|Publisher Web site:||http://www.kluwerlawonline.com/abstract.php?area=Journals&id=EULR2017027|
|Publisher statement:||Reprinted from European Business Law Review, 28, 4, (August 2017), (547-573), with permission of Kluwer Law International.|
|Date accepted:||27 April 2017|
|Date deposited:||18 May 2017|
|Date of first online publication:||28 September 2017|
|Date first made open access:||30 November 2017|
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