This policy is purchased by the company on behalf of its senior management. It protects against breach of duty, neglect, omissions etc.
Coverage can be extended to protect the entity also, in the event of security claims etc.
Possibly most important with this insurance is the assumption of innocence (until proven guilty) which allows for the advancement of costs so that the Director can access legal representation at the earliest opportunity.
The Financial Conduct Authority brought criminal proceedings against the Finance Director and the CEO of a publicly traded software company for a misleading trading statement which was designed to entice others to buy shares in the company. In this instance they were found not guilty of knowing that the statements were misleading but they were found guilty of making the statement recklessly. Both were jailed
An acquiring company in an acquisition launched proceedings against the principal Directors of the target company, alleging negligent and/or fraudulent misrepresentation of the financial standing of the company. The amount claimed was the entirety of the purchase price
A fatal accident on-site led to an investigation by the police and the Health & Safety Executive. Charges of manslaughter and Health & Safety breaches were made against the company and its directors
The Food Standards authority took action against a frozen food manufacturer alleging that unsafe practices at their plant had allowed toxic to dye to contaminate a number of the products
A former employee of a playing card manufacturer claimed that she been the victim of continuous racial harassment by her supervisor and that the company had ignored her complaints forcing her to resign
The estate of a deceased employee claimed that a Director of the company employing her was responsible for arranging her death-in-service life insurance cover and had negligently failed to do so
A large private equity firm was contemplating a further investment into a portfolio company, but decided against it after performing its due diligence. The portfolio company alleged that the private equity firm had promised the additional capital. The portfolio company then had to obtain additional financing elsewhere, ran into financial difficulties and declared bankruptcy. The portfolio company sued the private equity firm over its due diligence process, which the portfolio company claimed eventually lead to its bankruptcy.