RE: Striking off action being suspended....?29 Oct 2024 14:01
Saintnick, the policy is designed to protect and support (legal defence costs and awards of damages) the senior people of the company in their personal capacity rather than the company as an entity.
So if someone or their lawyer were to allege wrongful behaviour resulting in financial loss to the person or persons suing, for example, a CEO or CFO, that is where the cover would lie.
The company being dissolved, sold or otherwise reorganised would not in itself mean the policy would cease to operate. But the claim(s) would need to be notified to the insurers as soon as legal action was started - or it was a clear and known possibility. Once that condition has been satisfied then underwriters would respond to the claim (if meeting the terms of the policy) up to the policy limits.
The main idea of D & O insurance is to protect the officers themselves, not the company, usually. The company buys the cover to provide the board with some comfort that if they are pursued they won't have to sell the house and take the kids out of school.
As previously, the policy can pay defence costs for rhe officers and damages to third parties as well if awarded/agreed. A lot would depend on how much cover has been purchased. If low, the possibility exists that the limits will be exhausted by defence costs, but very few will know at this stage what those limits are - will be kept very quiet. Hope this helps.