Directors & Officers Insurance

Counterpart's products are underwritten by Aspen Specialty Insurance Company (A.M. Best “A” Rating*) and Evanston Insurance Company, a Markel® Company (A.M. Best “A” Rating*).

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Protect the assets of your company and your key management.

Get the coverage and support you need with Counterpart's leading risk management products and services.

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Benefits

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Make sure your team is covered

No need to negotiate

Excess insured person liability coverage is a standard insuring clause on Counterpart's Policy.

Exclusive coverages for all key stakeholders, including accountants, consultants, and advisors.

Coverages like Derivative Demand and Inquiry Costs are automatically included in our standard offering.

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Get more coverage automatically

Excess insured person liability coverage is a standard insuring clause on Counterpart's Policy.

icon illustration

Make sure your team is covered

Exclusive coverages for all key stakeholders, including accountants, consultants, and advisors.

icon illustration

No need to negotiate

Coverages like Derivative Demand and Inquiry Costs are automatically included in our standard offering.

Who’s covered

Counterpart has extended coverage beyond just directors and officers so other key stakeholders can have the peace of mind to do their best work.

  • Board Members
  • Managers
  • Employees
  • Attorneys
  • Consultants
  • Advisors
  • Independent Contractors
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What’s covered

Our standard policy includes all of the most important coverages plus a few new innovations that are designed for the 21st century business.

A director or officer fails to act responsibly in the best interests of the company.

Lack of proper care in business decisions by the directors or officers.

An unintended misrepresentation made by a director or officer.

An unintended misstatement made by a director or officer.

An unintended exclusion of information by a director or officer.

Costs associated with disruptive and potentially expensive government inquiries.

Costs associated with extradition requests.

A private company can also be sued for violations of Section 10(b) of the Securities Exchange Act of 1934. Minority shareholders can claim misrepresentations in a similar fashion as larger public companies.

Costs associated with alleged mismanagement which leads to a regulatory investigation.

Reasonable costs for an investigation associated with claims typically brought by investors on behalf of the company alleging detrimental conduct or mismanagement of corporate funds.

Alleged price fixing and anti-competitive practices.

Costs associated with the services of a crisis consultant.

Coverage within a company’s policy may differ from what is shown in What’s Covered. Please refer to the purchased policy terms and conditions for actual coverage and discuss with your broker.

Meet Satwik Mysore

After graduating with an actuarial science degree, Satwik has spent most of his career at Travelers, where he built one of the largest and most profitable management & professional liability books by forming strong broker relationships.

Satwik Mysore
Risk Engineer

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D&O Insurance Claim Examples

Here are some claim examples that illustrate what Directors & Officers insurance covers.

An asset management company was sued when an employee working remotely without a secured network mistakenly exposed sensitive information. A hacker was able to access withdrawal information on the employee’s home network and forged documents to withdraw $400,000 from an account. The suit alleges that the company was careless when it came to monitoring its computer/information technology (IT) systems and employment policies while allowing its employees and participants to work remotely.

The federal government sued the directors of an east coast manufacturing company for price fixing. After an extensive trial, the allegations were dismissed due to lack of circumstantial evidence, but the defense costs and fees incurred were in excess of $750,000.

Former directors of a failed consulting company were sued for breaches of fiduciary duty. The lawsuit claimed that they failed to oversee the sale of certain company assets, which was purportedly necessary to avoid bankruptcy.

These are examples of claims and do not represent claims that would be covered within a company’s policy. Every claim is unique and requires review of the purchased policy terms and conditions on whether the claim is covered.

The facts

We are operating in a completely new business paradigm that is putting businesses and their leaders at risk.

1 in 4

Companies reported experiencing a Directors & Officers loss in the last three years*

33%

Of small business that mistakenly don't believe they need coverage because they’re privately held*

$400K

Average reported loss for private company Directors & Officers claims*

*Chubb (2018) Top Risks for Private Companies in the U.S.

The team at Counterpart helped us out of a challenging situation by looking at a risk in a different way.

Jason White, Managing Director, Executive Professional Practice Group

CRC Group

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*Rating as of April 30, 2022. A.M. Best ratings are under continuous review and subject to change. Please refer to Markel’s website and Aspen’s website for the most current information. The rating represents the overall financial status of Evanston Insurance Company and Aspen Specialty Insurance Company, and is not a recommendation of the specific policy provisions, rates or practices of the issuing insurance company.
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