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Directors’ and officers’ insurance in the UK.

Mukwiri, Jonathan (2017) 'Directors’ and officers’ insurance in the UK.', European business law review., 28 (4). pp. 547-573.

Abstract

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.

Item Type:Article
Full text:(AM) Accepted Manuscript
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Status:Peer-reviewed
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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