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No official figures on frequency in Switzerland are available. As insurers, however, we are seeing a steady increase in D&O liability claims. Investors and shareholders are seeking to minimize their risk and protect their own capital; accordingly, they are increasingly holding officers and directors responsible in the event of bankruptcy or insolvency.
Yes. If it is established that the public image and good reputation of an insured is damaged in the course of a claim, AXA will pay the costs of restoring the image and good reputation of the insured and will also cover psychologist consultation fees.
The answer in the case of most SMEs is an emphatic “yes”. Fact is, the statutory basis of D&O liability is identical whether your company is small, medium, or large. Directors and officers of SMEs in particular have faced liability suits on an increasing basis in recent years.
Cover is particularly advantageous for companies that have a large number of shareholders with varied interests or financial investors, if there are major plans for restructuring, investments, or acquisitions or disposals within the market place, or if your company operates in a sector with major potential risks in terms of bodily injury, property or environmental damage. But not only that: it also makes sense if you find yourself in a difficult financial situation and are perhaps at risk of bankruptcy – even where this is due solely to a potential bankruptcy on the part of key suppliers or customers. And it is worthwhile in any case if the director, officer, or other senior employee who looks after your liability issues would simply like to have this type of insurance in place.