The Financial Services Group at Aon discusses January 2022 Delaware legislation permitting captives to provide D&O insurance.

Derivative claim settlements have historically been non-indemnifiable for Delaware-domiciled corporations, with third-party directors' & officers' liability ("D&O") insurance being, in many cases, the only source of protection for these directors and officers.

With the purchase of Side A D&O insurance becoming more difficult for some Delaware corporations, the Delaware Senate has taken affirmative action with January 2022 legislation permitting captives to provide D&O insurance.

The Financial Services Group at Aon discusses the legislation allowing the use of captives to insure Side A D&O risk and some considerations around the utilization of captives for this purpose in Delaware Permits Use of Captive Insurance, Expanding D&O Side A Insurance Options.

Contact

The report can also be discussed with Financial Services Group professionals Timothy Fletcher and Kristin Kraeger.



Timothy Fletcher
CEO, Financial Services Group
Los Angeles





Kristin Kraeger
Managing Director, Financial Services Group
Boston