Excess Directors and Officers Liability Insurance

In a business environment characterised by strict corporate governance and emerging exposures, directors and officers face greater personal liability than ever before.


Consider: When a company’s directors and officers are sued, what protection do they have when the organisation:

  • Fails or refuses to indemnify a director or officer, even if it has an obligation to do so and is financially solvent?
  • Is sued along with the directors and officers, and the directors and officers (D&O) liability insurance policy limits are consumed by the policy’s entity coverage, leaving no coverage for the directors and officers?
  • Is financially unable to indemnify its directors and officers against claims made against them?
  • Is prevented by law from indemnifying its directors and officers for the particular claim at issue?

The frightening answer could be none — unless the directors and officers have D&O liability insurance with their own dedicated limit of liability. Whereas most claims against directors and officers are indemnified by the organisation, if the organisation is unwilling to indemnify, unable to indemnify, or legally prohibited from indemnifying, the personal assets of the directors and officers could be at risk.

The Solution: Executive Elite

  • Executive Elite by Chubb can help protect the personal assets of directors and officers by covering claims where the organisation is unwilling or unable to provide indemnification to its leadership team.
  • Executive Elite provides broad form “Side A” (Clause 1) excess D&O liability coverage, featuring difference-in-conditions (DIC) drop-down coverage that fills in potential coverage gaps that may exist under restrictive or unresponsive underlying insurance.