*Obtaining insurance coverage in this climate of activist shareholders* The evolving ESG landscape requires companies to plan for claims that did not exist just a few years ago. Shareholders are actively requiring <https://corpgov.law.harvard.edu/2021/05/29/shareholder-activism-and-esg-what-comes-next-and-how-to-prepare/> boards to be more transparent and responsive to ESG issues, and regulators are enforcing new disclosure requirements <https://www.reuters.com/legal/legalindustry/esg-regulatory-landscape-creates-commercial-pitfalls-2021-11-19/>. Sometimes disclosure alone is not enough: businesses are scrutinized by shareholders and regulatory entities for underestimating their environmental impact, or over promising their efforts to minimize climate change contributions, known as greenwashing.
Even companies doing their best in ESG governance face the risk of shareholder and regulatory litigation. These risks can be addressed by directors and officers insurance coverage, which generally protects companies, their directors, managers and employees against claims for a “wrongful act.” Unless excluded as a specific type of claim, companies routinely look to their D&O policies to address shareholder claims and defray the costs of regulatory investigations. https://www.policyholderperspective.com/2022/03/articles/insurance-general/do-insurance-to-counter-esg-litigation-new-issues-for-insurers-and-policyholders/
