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JORI
Directors' and Officers' Liability Insurance (D&O)
Businesses

Directors' and Officers' Liability Insurance (D&O)

In the current business context, highly competitive and regulated, directors and administrators make decisions in an environment exposed to increasing legal complexity.

Definition

What is D&O insurance

D&O insurance protects the personal assets of directors, officers, and executives against claims arising from their management decisions. It is necessary because the director's liability is personal and unlimited: they are liable with all their present and future assets, and this liability survives their departure during the limitation periods, which in the corporate sphere reach four years from departure.

Advantages

Advantages of D&O insurance

01

Your home remains out of reach

The D&O places the insurer's estate between the claim and your assets. Without that barrier, the decision-maker in the company ends up responding with their home and savings.

02

You can decide without paralysis

A board that fears personal liability avoids uncomfortable and necessary decisions. The cover restores governance capacity to those who must exercise it.

03

You attract independent directors

No competent professional joins a board today without D&O in force. It is a prerequisite to incorporate the external profile that provides judgement to the body.

04

Deductible premium and tax-free

The cost is borne by the company with full deductibility and without the director being taxed for it in their IRPF. Personal protection financed by the company, without a tax toll.

Profile

Who we work for

Boards of directors

Collegiate bodies in which each member is jointly liable for the agreements adopted.

SME and family business directors

The most exposed and poorly covered profile, especially against claims for social debts.

Independent and proprietary directors

Profiles that assume responsibility for decisions where their capacity for information is limited.

Directors with powers

Proxies and senior management whose decisions commit the company and their own assets.

Scope

Main covers of D&O insurance

  • Compensation charged to the director for damages arising from management acts
  • Legal, criminal, and administrative defence expenses, advanced during the procedure
  • Civil and criminal bonds, and costs of providing guarantees
  • Claims from partners, creditors, employees, third parties, and the company itself
  • Cover for de facto directors and group subsidiaries
  • Discovery period for those who leave office
The JORI method

How we work

Our specialists' experience turns every risk into knowledge, and that knowledge into a solution designed for your business.

  1. Risk analysis

    Every company faces a unique situation. We analyse each company's specific risks to detect vulnerabilities, assess security measures and propose improvements that strengthen the protection of its business.

  2. Programme design

    All our programmes are designed to integrate every cover needed and to bring peace of mind to the companies that trust us.

  3. Selection across the insurance market

    We carefully select insurers and design exclusive insurance programmes, adapted to each company's particular circumstances, with a fully tailor-made approach.

  4. Specialised claims management

    Claims are the most vulnerable moment for a business. That is why it is so important to have specialists who provide support throughout the process.

Six generations and more than 130 years devoted to insurance.

Frequent doubts

Most frequently asked questions about D&O insurance

Does a SME need D&O or is it for large companies?

A SME especially needs it. In large companies, the director usually has asset backing and corporate cover; in SMEs, the director is often the partner, and their personal and family assets are directly in the line of fire, especially in an insolvency scenario.

Does D&O cover the director if the company goes into insolvency?

Yes, and it is its most relevant scenario. It covers the defence in the qualification section and the obligation to cover the insolvency deficit if the insolvency is declared fraudulent, unless there is a declared intent in a final judgement.

Who pays the policy, the company or the director?

The company pays it and it is a deductible expense. Since 2011, the D&O premium is not considered a benefit in kind for the director as long as the policy covers liability arising from the position and not a particular interest.

What happens if I leave the position?

You remain exposed for acts during your mandate during the limitation periods. As the policy operates on a claims-made basis, it is essential to contract a discovery period, usually of six years, when you resign or when the company decides not to renew.

Does it cover debts with the Tax Office and Social Security?

It covers legal defence against the procedure of transfer of liability, which is where the matter is contested. The tax debt itself, as an obligation of the company, and penalties are not insurable.

And if the claim comes from my own partner?

It is covered if the policy includes the social responsibility action and does not have a majority partner exclusion. It is one of the clauses we always review in family businesses, because corporate conflict is the most common source of claims in that profile.

Contact

Let's talk about protecting your business

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