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

Directors' & Officers' (D&O) Liability

Directors’ and officers’ (D&O) liability means you could be liable for the decisions and actions you take within the scope of your duties as a director or officer of a company.


D&O liability insurance policies can cover areas such as the:

  • Personal liability of company directors and officers
  • Reimbursement of the insured company if it has paid the claim of a third party against one of its managers in order to protect them.

Major corporations now routinely include D&O cover in their risk management strategies. However, small-to-medium enterprises and not-for-profit organisations also have potential D&O exposure.

Legislative changes have meant that both regulators and shareholders are placing the conduct of directors and managers under greater scrutiny. The increasing availability of litigation funding for class actions has also led to an increase in claims against directors and company directors.

Finally, D&O liability is one of the most discussed and least understood insurance products, because it can be difficult to establish exactly what kind of coverage the insured has.


At Barry.Nilsson., we understand the possible impact a complex D&O liability claim can have on your reputation.

We’re commercial in our approach to D&O matters, because we understand the challenges that directors and officers, senior executives and managers face when running a company, whatever its size and complexity.

We act for directors and officers facing claims for breaches of directors’ duties, as well as for their insurers. Our work with both Australian and overseas insurers, public sector risk carriers, brokers and reinsurers includes:

  • Defending claims arising from Australian Securities and Investments Commission (ASIC) and Australian Competition and Consumer Commission (ACCC) prosecutions and investigations
  • Designing and implementing commercial responses to D&O claims
  • Defending claims resulting from securities class actions
  • Advising on defence strategy
  • Acting as monitoring counsel
  • Managing claims involving multiple excess layers and association protocols
  • Advising on complex coverage determinations and disputes.

Barry.Nilsson. is experienced in dealing with the investigations, inquiries, disciplinary proceedings, public hearings and prosecutions covered by D&O insurance products.

Finally, we understand the class action frameworks that operate in both federal and state jurisdictions, so we are well equipped to assist with D&O matters that are linked to complex litigation.

Need assistance?

Submit an enquiry online and we will be in touch as soon as possible, or call one of our national offices directly.