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One claim can sink a business. Here’s how brokers can keep clients afloat.

One claim can sink a business. Here’s how brokers can keep clients afloat.
Listen To: One claim can sink a business. See how Hutch Management Liability helps brokers protect SME clients from director liability, fraud, and EPL risks.
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When smooth sailing turns stormy

It’s a familiar story: an SME is trading well, directors are confident, and staff are growing. Then a law suite or a regulatory inquiry hits. Suddenly, directors face personal liability, legal fees mount, and companies discover their standard cover doesn’t stretch far enough.

These aren’t hypotheticals. When a Director liability insurance claim occurs it can leave brokers’ clients exposed if the right protections aren’t in place.

Where businesses are most exposed

Personal liability for directors

Company directors and officers can be held personally liable for wrongful acts. Without cover, they may need to fund legal defence and settlements out of their own pockets.

Employment practices disputes

Claims for bullying, harassment, or unfair dismissal are common triggers. These disputes can be costly to defend and damage both finances and reputation.

Fraud and crime

Employee or third-party fraud, including social engineering scams, can quickly drain a business’s cash flow.

Statutory and regulatory investigations

Workplace health and safety, tax audits, or breaches of regulations can all trigger action against directors or the company itself.

How brokers can keep clients afloat

Start with education

Many SME clients underestimate their level of exposure. Highlight real-world examples of director liability insurance claims and show how one claim could threaten business continuity.

Present a complete solution

Hutch Management Liability brings together:

  • Directors & Officers Liability – protecting personal assets of directors and officers.
  • Corporate Liability – defending the business entity itself.
  • Employment Practices Liability – covering employee and third-party claims.
  • Crime – including an optional social engineering extension.
  • Statutory Liability – for breaches of workplace, safety, or environmental law.

Optional extensions also cover tax audit expenses, pre-claim inquiry costs, and cyber fines for insured individuals.

Keeping it simple for brokers

  • Available exclusively on Ebix Sunrise Exchange (HUTHML code).
  • Automated quotes for eligible SMEs up to $50M turnover.
  • Flexible limits up to $5M per section.
  • Backed by Lloyd’s.
  • Faster quotes. Smarter underwriting. Fewer headaches.

Why it matters for brokers

When a director liability insurance claim surfaces, it’s often too late for clients to scramble for cover. The opportunity for brokers is now to educate, advise, and place protection that keeps clients afloat when the unexpected occurs.

The clear way to better cover.

Reports & Real World Examples

Five recent private company director liability cases

Disclaimer: These examples are illustrative only. Coverage depends on the facts of each claim and the policy wording.
  1. Care A2 Plus Pty Ltd v Pichardo [2024] NSWCA 35

    A private company, DCA Sydney Enterprises Pty Ltd, made representations to Care A2 that funds paid would secure streaming rights for the 2021 Rugby League World Cup and annual revenue of \$15-30 million. The court found the representations to be false and the sole director misappropriated the funds.
    Source: Supreme Court of New South Wales - Court of Appeal Case Notes

    Takeaway: Even for smaller proprietary companies, directors can be held personally exposed for misleading or deceptive conduct on behalf of the company.

  2. Kazzi v KR Properties Global Pty Ltd t/as AK Properties Group [2024] NSWCA 143

    In a building company context, the sole director and nominated supervisor was held personally liable under s 37 of the Design and Building Practitioners Act 2020 (NSW) for defects and non-compliant works in a six-unit apartment project.
    Source: Bartier commentary

    Takeaway: Private company directors in construction and building trades face personal liability for statutory duties relating to building defects and supervision.

  3. Mandalinic v Stone (Liquidator) [2023] FCAFC 146

    A director of RIC Admin Pty Ltd (in liquidation) was unable to challenge a PAYG estimate issued by the Australian Taxation Office via a director penalty notice. The Full Federal Court confirmed that a director cannot rely on an affidavit in separate proceedings to reduce or revoke the company’s estimate under the Taxation Administration Act 1953 (Cth).
    Source: ATO Case Document

    Takeaway: SME company directors may face direct exposure for tax-related liabilities via DPNs, and standard business protections may not prevent this personal liability.

  4. Brown v Etna Developments Pty Ltd [2025] NSWSC 358

    A private construction company. The decision confirms that even de facto directors (those who act like directors without formal title) can incur personal liability for negligent acts in a building project.
    Source: Bradbury Legal commentary

    Takeaway: Reinforces that for private companies in building trades, director liability risk is real and claims could fall under sections of management liability cover.

  5. In the matter of 1derful Pty Ltd [2024] NSWSC 1414

    A proprietary company involved in equity/fiduciary‐duty and fraudulent disposition issues.
    Source: Supreme Court New South Wales

    Takeaway: Highlights that directors of private (Pty Ltd) companies may be exposed to claims for fiduciary and equitable breaches — reinforcing the need for D&O/management liability cover.

Government Backed Public Liability for Construction?

Government Backed Public Liability for Construction?

Source: Daniel Wood, Editor, Insurance Business Australia. Published June 16, 2023 “I don’t think nationalising my industry would be in my interests”

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