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Directors’ and Officers’ Insurance in the UK

Mukwiri, Jonathan

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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.


Mukwiri, J. (2017). Directors’ and Officers’ Insurance in the UK. European Business Law Review, 28(4), 547-573

Journal Article Type Article
Acceptance Date Apr 27, 2017
Online Publication Date Sep 28, 2017
Publication Date Aug 1, 2017
Deposit Date May 17, 2017
Publicly Available Date Nov 30, 2017
Journal European Business Law Review
Print ISSN 0959-6941
Publisher Kluwer Law International
Peer Reviewed Peer Reviewed
Volume 28
Issue 4
Pages 547-573
Publisher URL


Accepted Journal Article (224 Kb)

Copyright Statement
Reprinted from European Business Law Review, 28, 4, (August 2017), (547-573), with permission of Kluwer Law International.

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