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26 March 2021

Discharge and Insurance

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Directors and officers are exposed to risk of liability when engaging in their formal duties as a part of the management of the company. Many companies have taken out a directors and officers’ insurance (“D&O Insurance”) to cover the risk associated with the management profession. Over the years, Moalem Weitemeyer has been involved in several liability cases, where claims have been raised against the management of companies. When representing management, in practice this is often done in close collaboration with the management member's insurance company.

Recent developments in the D&O Insurance market have, however, made it more difficult for companies to take out the D&O Insurance with adequate coverage at acceptable premiums. Accordingly, an increasing number of companies have resolved to indemnify the management from claims against the management, typically as a supplement to a D&O Insurance. In this newsletter, we look into the implications of such indemnification, including the requirements for establishing indemnification, and other remedies available.

Thomas Weitemeyer

Managing Partner

+45 30 37 96 90

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Henning Hedegaard Thomsen

Partner

+45 30 37 96 18

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Søren Bech

Associate

+45 30 37 96 17

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