An Easy-to-Understand Guide to Private Company D&O Insurance

Private companies can face similar risks to public companies, including scrutiny, government inquiries, and litigation. For example, consider the recent case of the SEC enforcement action brought against the CEO of HeadSpin, Inc.

To address this challenge today, many private companies—especially those that are fast-growing, in highly regulated industries, or planning to go public⁠—choose to put in place directors’ and officers’ liability insurance.

D&O insurance can protect your private company directors and officers from the most common and emerging risks today. Having a good program in place can help attract—and retain—the great talent you and your shareholders need to run your company your way.

Navigating the world of private company D&O insurance can be challenging. We aim to simplify that process for you with our annual Guide to Private Company D&O Insurance, 2022 edition.

In this Guide, you’ll get a high-level overview of D&O insurance for private companies, including:

• What D&O insurance is, including a brief tutorial on Sides A, B, and C of the policy and how they respond
• Key D&O insurance exclusions you need to know (i.e., what’s not covered in your policy)
• How private companies can structure their D&O program and how it differs from public companies
• Tips on choosing limits for your insurance and how those limits change as you mature
• A step-by-step timeline for placing D&O insurance if you are going public
• Why it is crucial to choose a broker that specializes in D&O insurance for companies at your stage of development

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