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When business decisions backfire, are you personally protected?

26 June 2025

Lawsuits, investigations and allegations. D&O Liability Insurance shields company leaders when challenges arise.

Running a business today involves navigating a world where directors and officers are under more pressure than ever. Shareholders, regulators, creditors, customers, even your own employees are quick to point the finger when something goes wrong.

“With laws and regulations constantly shifting, staying on top of your responsibilities isn’t just smart, it’s essential,” says Carien Ahdar, Senior Financial & Professional Risks Insurance Broker.

That’s a common misconception. While major D&O claims sometimes make the news, many don’t. Smaller claims are often settled quietly under non-disclosure agreements.

“Businesses of all sizes face risks and directors at SMEs and start-ups are just as exposed as those of listed companies,” says Ahdar.

The Australian Securities & Investments Commission (ASIC) launched around 170 new investigations in the 2023–24 financial year, which is a 25% jump from the year before. Civil proceedings also rose by 23%, a clear sign the heat is turning up.

Companies take out D&O insurance to protect their balance sheet, attract top talent to their boards and back up the indemnities they offer directors.

“It’s a key part of good governance and risk management,” says Ahdar. “And it gives directors the confidence to lead without second-guessing every decision.”

Who should be thinking about D&O cover (or applicable office bearers’ cover)?

  • Company directors and board members.
  • Senior executives and officers involved in making executive/management decisions.
  • Committee chairs, not-for-profit leaders and association managers.
  • Founders and owners of start-ups and small businesses.

At the core of D&O exposure are the duties directors owe to their companies. These include:

  • Acting in good faith and in the company’s best interests.
  • Avoiding actions that could harm creditors.
  • Keeping sensitive information confidential.
  • Ensuring the company doesn’t trade while insolvent.
  • Using their powers properly and never for personal gain.

Claims often stem from allegations of mismanagement, employment issues, regulatory investigations or financial misstatements.

“A good D&O policy helps protect directors from personal financial loss and keeps the business running during legal challenges,” Ahdar says.

Here are a few examples of how D&O insurance can step in:

  1. Unfair dismissal: A former employee sues the board for wrongful termination and harassment. The D&O policy covers legal defence and any settlement.
  2. Investor dispute: A family-run business gives overly optimistic projections to investors. When things don’t pan out, the investors sue. The policy covers defence costs and damages.
  3. Conflict of interest: Minority shareholders accuse directors of favouring their own interests. The D&O policy helps with legal costs and settlement.
  4. Regulatory scrutiny: ASIC investigates a financial firm for disclosure breaches. Even if no wrongdoing is found, the cost of responding is covered.
  5. Insolvency: A small construction company collapses, and creditors sue the directors for trading while insolvent. The D&O policy helps cover the fallout.

Too often, businesses and directors step into these traps:

  • Directors don’t understand what their D&O policy covers.
  • Policies are renewed each year without reviewing limits or exclusions.
  • Off-the-shelf policies are bought without checking or understanding the fine print and detail.
  • Inexperienced or brokers without liability insurance industry knowledge and experience don’t explain the terms and conditions clearly.
  • There’s no cover for insolvency or related claims.
  • Directors haven’t protected/ringfenced their personal assets.

At DKG Insurance Brokers, we help you:

  • Ensure your D&O policy reflects today’s legal and regulatory environment.
  • Tailor your cover to your business, industry and risk profile.
  • Identify and correct deficiencies in policies on offer.

“It’s not just about having a D&O policy,” Ahdar adds. “It’s about having the right one and the clarity to use it with confidence.”

If it’s been a while since you reviewed your D&O policy or if you don’t have one, now is the time to act. Protect your leadership role and your personal assets before a claim lands on your desk.

Don’t wait for legal challenges to consider your protection. Contact DKG Insurance Brokers today to review your D&O coverage by calling us today on 1800 252 926 or email us at insurance@dkg.com.au.

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