Directors & Officers Liability Policy Feature Checklist
What to confirm in a directors & officers liability policy — what's standard, what's often limited, and what to add if needed — plus the gap most often missed.
Pull out your current D&O policy and check the box next to each feature you can confirm it includes — anything unchecked is worth a quick conversation with your advisor.
Tick each feature you can confirm your policy includes — anything left unticked is a good question for your next policy review.
| Confirm? | Policy feature | What to confirm | Priority |
|---|---|---|---|
| Side A (Individual Coverage) | Protects directors and officers personally when the company can't or won't indemnify them, such as in bankruptcy. | Standard | |
| Side B (Company Reimbursement) | Reimburses the company when it indemnifies its directors and officers. | Standard | |
| Side C (Entity Coverage) | Covers claims against the company itself, not just its leaders. | Standard | |
| Bankruptcy Carve-Out to Insured vs. Insured | Confirm suits by a bankruptcy trustee, creditors' committee, or receiver aren't excluded as insured-vs-insured claims. | Often limited | |
| Regulatory & Government Investigations | Covers defense of regulatory inquiries and investigations, including pre-claim costs. | Often limited | |
| Full Prior Acts / Retroactive Date | Confirm the retroactive date reaches back far enough to cover past decisions. | Standard | |
| Run-Off (Tail) on Sale or Merger | Extends reporting for past acts after a change in control — negotiate before a deal closes. | If needed | |
| Separate Limits for EPL, | Fiduciary & Crime Confirm whether coverage parts share one limit or have their own. | Often limited |
The gap most often missed in this coverage
The most commonly missed gap in this coverage is the insured-vs-insured exclusion without a bankruptcy carve-out. Bankruptcy is among the top sources of private-company D&O claims, with insolvencies forecast at a record high in 2026 — and without the carve-out, a trustee's or creditors' suit against former directors may be excluded. Companies should confirm the carve-out and a Side A limit that responds when the company can't.
Send us the checklist and we'll review your directors & officers liability coverage line by line, then market it across multiple carriers that compete for your account.
Related: Directors & Officers Insurance · Directors & Officers Liability Supplemental (apply) · All coverage checklists
Frequently asked questions
What should a directors & officers liability policy include?
Standard features to confirm in a directors & officers liability policy include Side A (Individual Coverage), Side B (Company Reimbursement), Side C (Entity Coverage), Full Prior Acts / Retroactive Date. This checklist also flags the features that are often limited or sublimited and the ones to add if needed, with a plain-English note on each.
Is this checklist insurance advice?
No. It is a free educational tool to help you have a more informed conversation with a licensed professional. It affords no coverage and is not insurance, legal, or financial advice — only your actual policy language governs what is and isn't covered.
Can Cory Washington & Co. review my directors & officers liability coverage?
Yes. Share your checklist and we'll review your program line by line, market your account across multiple carriers, and explain the trade-offs in plain English. Cory Washington & Co. LLC is licensed in all 50 states.
This checklist is a free educational tool from Cory Washington & Co. to help you review your own coverage and have a more informed conversation with a licensed insurance professional. It is general information only — not insurance, legal, or financial advice, and not a recommendation to buy, change, or cancel any policy. Coverage terms, availability, limits, and requirements vary by policy, carrier, and state, and only the language in your actual policy governs what is and isn’t covered. Checking or leaving blank any item above does not indicate that you are adequately insured or under-insured. Using this checklist does not create a client, agency, or fiduciary relationship. Always consult a licensed professional about your specific situation.