Korea Directors & Officers Lawsuit Exposure and Coverage Limit Calculator

Stress-test up to three Korean D&O claims across Side A, B, and C limits, retentions, defense-cost treatment, prior erosion, and the policy aggregate.

This model does not decide liability, claim payment, or an adequate limit

Enter Side cover, retentions, defense treatment, and remaining limits copied from the actual D&O schedule. Counsel, the insurer, and the broker must confirm liability, lawful company indemnification, exclusions, notice, premium, and payment approval.

1. Up to three claim scenarios

Insurance funds are allocated in screen order. If limits run short, order changes the result, so confirm the actual priority-of-payments and allocation wording.

1. Shareholder derivative claim

Individual director loss not reimbursed by the company

Are cover and notice confirmed under the current policy?

KRW

Enter a scenario established outside this tool; the model does not calculate liability

KRW

Modeled counsel, expert, e-discovery, and investigation cost

KRW

Fines, disgorgement, reputation, or internal response kept outside insurance

2. Securities disclosure claim

Entity loss from a securities claim

Are cover and notice confirmed under the current policy?

KRW

Enter a scenario established outside this tool; the model does not calculate liability

KRW

Modeled counsel, expert, e-discovery, and investigation cost

KRW

Fines, disgorgement, reputation, or internal response kept outside insurance

3. Employment or management claim

Company loss after indemnifying an individual director

Are cover and notice confirmed under the current policy?

KRW

Enter a scenario established outside this tool; the model does not calculate liability

KRW

Modeled counsel, expert, e-discovery, and investigation cost

KRW

Fines, disgorgement, reputation, or internal response kept outside insurance

2. Actual Side and aggregate terms

Enter each Side as the currently available amount after prior claims. Enter the original shared aggregate and prior erosion separately.

KRW
KRW
KRW
KRW
KRW
KRW
KRW
KRW

Defense-cost limit treatment

Related-claim retention stress

Modeled limit rounding unit

D&O exposure and insurance-fund allocation

The model applies confirmation, retention, remaining Side limit, then the shared aggregate.

Status: Limit exhausted or short

Total modeled exposure

KRW 1,240,000,000

Modeled insurance funds

KRW 800,000,000

Individual director cost

KRW 20,000,000

Company cost

KRW 420,000,000

Protection ratio

64.5%

Aggregate after scenario

KRW 0

Aggregate eroded by defense

KRW 250,000,000

Where the modeled gap appears

Unconfirmed-cover gap

KRW 0

Retention applied

KRW 50,000,000

Side-limit gap

KRW 20,000,000

Shared-aggregate gap

KRW 280,000,000

Separate defense-limit gap

KRW 0

Uncovered defense gap

KRW 0

Explicit uninsured cost

KRW 90,000,000

Payout and retained cost by claim order

Payout and retained cost by claim order
OrderClaimSideExposureRetentionInsurance fundsIndividual costCompany costSide + aggregate gap
1Shareholder derivative claimSide AKRW 420,000,000KRW 0KRW 400,000,000KRW 20,000,000KRW 0KRW 0
2Securities disclosure claimSide CKRW 600,000,000KRW 30,000,000KRW 400,000,000KRW 0KRW 200,000,000KRW 120,000,000
3Employment or management claimSide BKRW 220,000,000KRW 20,000,000KRW 0KRW 0KRW 220,000,000KRW 180,000,000

Modeled limit range from entered claims

The lower end is the largest single claim and the upper end is all active claims. Neither is a statutory minimum, market average, or recommendation.

Modeled limit range from entered claims
Coverage bucketLargest-claim lower endAll-claim upper endCurrent entered limitGap to upper end
Side AKRW 400,000,000KRW 400,000,000KRW 500,000,000No modeled shortfall
Side BKRW 200,000,000KRW 200,000,000KRW 300,000,000No modeled shortfall
Side CKRW 600,000,000KRW 600,000,000KRW 500,000,000Shortfall: KRW 100,000,000
Shared aggregateKRW 600,000,000KRW 1,100,000,000KRW 800,000,000Shortfall: KRW 300,000,000

Items to confirm before renewal

  • At least one remaining Side limit is below the entered demand assigned to it.
  • The shared aggregate is exhausted in claim order, leaving a later-claim gap.
  • Explicit uninsured costs remain with the individual or company regardless of Side and aggregate limits.
  • Multiple claims share limits, so compare screen order with the actual priority-of-payments and allocation wording.
  • Confirm insured persons, claims-made notice, retroactive date, reporting extension, exclusions, related claims, defense advancement, and other insurance.

Published modeling assumptions

When defense is inside the limit, the model allocates defense first within each claim to expose erosion. A Side limit is conservatively reduced by the candidate amount before the shared aggregate pays. The related-claim mode uses one retention pool per Side only as a sensitivity and never interprets policy wording.

Related calculators

Read the D&O structure before comparing the lawsuit amount

Directors and officers liability insurance can protect an individual director and the company from financial loss connected with an alleged wrongful act.
The amount demanded by a claimant is not automatically the insurance payment.
The answer can change with the insured person, Side A, B, or C, the company's ability to indemnify, defense-cost treatment, related-claim wording, retentions, sublimits, and the aggregate already used.

This calculator does not quote premium, predict success in litigation, decide a director's legal liability, or approve an insurance claim.
It applies up to three stress scenarios to terms copied from an actual schedule or quote and separates individual out-of-pocket loss, company out-of-pocket loss, defense erosion, and a limit-review range.
The Korea-specific legal and insurance sources were verified on August 16, 2026, but the actual contract wording always controls.

Why Side A, Side B, and Side C stay separate

Side A

Individual director

Models loss when the company does not indemnify the director because indemnification is unavailable, prohibited, or financially impracticable. Any modeled shortfall is assigned to the individual.

Side B

Company reimbursement

Models loss first indemnified by the company and then submitted for reimbursement. Any modeled shortfall is assigned to the company.

Side C

Entity securities claim

Models the entity coverage defined for a securities claim. It does not mean that every entity claim or ordinary business loss is insured.

The labels are an analytical framework

A real contract may use different headings, share one limit across all Sides, or define entity coverage more narrowly.
Confirm the named insured, subsidiaries, former directors, outside directorships, order of payments, and securities-claim definition instead of relying on the label alone.

Seven terms to copy from the policy first

  1. Insured and coverage Side. Confirm that the individual, entity, subsidiary, and claim type fit the relevant definitions.
  2. Side limits. Determine whether A, B, and C have separate limits or all draw from one shared limit.
  3. Retention. Check which Side carries a retention and whether it applies per claim, per loss, or once to related claims.
  4. Defense treatment. Find whether lawyer, expert, investigation, and other defense costs erode the indemnity limit, use a separate limit, or remain unconfirmed.
  5. Policy aggregate. Obtain the amount already paid or reserved that reduces the limit available for the rest of the policy period.
  6. Related claims and notice. Check when multiple demands are treated as one claim and which policy period receives that claim.
  7. Exclusions and extensions. Review fraud, personal profit, fines, prior circumstances, insured-versus-insured, major shareholder, cyber, pollution, investigation, employment, and transaction wording.

Calculation order and defense-cost erosion

D and O claim calculation sequence
StepTermModel treatment
1Coverage confirmationAn unconfirmed claim sends damages and defense cost to the coverage gap.
2Side retentionThe relevant retention is deducted from damages plus any defense cost selected inside the limit.
3Side limitDefense is allocated before damages to show conservative erosion of the available Side amount.
4Policy aggregateThe remaining aggregate after prior use is allocated in the entered claim order.
5Separate defense limitOutside-limit defense uses the entered separate cap and its prior erosion rather than becoming unlimited.
6Loss ownerA Side A shortfall is assigned to the individual, while Side B and C shortfalls are assigned to the company.

Simplified formulas

Limit demand = damages + inside-limit defense − applied retention
Claim payout = lower of Side candidate and remaining aggregate + separate defense candidate
Out-of-pocket loss = gross exposure − modeled payout
Protection ratio = modeled payout ÷ gross exposure × 100

Claim order matters whenever a shared aggregate is insufficient.
Move a claim earlier or later to test priority, because this model allocates the available amount sequentially.
Actual allocation can depend on notice, related-claim wording, settlement timing, insurer consent, and an order-of-payments provision.

Worked default scenario in KRW

The defaults model a KRW 420,000,000 Side A shareholder derivative claim, a KRW 600,000,000 Side C securities disclosure claim, and a KRW 220,000,000 Side B employment or management claim.
Total modeled exposure is KRW 1,240,000,000, comprising KRW 820,000,000 of damages, KRW 330,000,000 of defense cost, and KRW 90,000,000 deliberately kept outside the modeled insurance payout.
Side A, B, and C limits are KRW 500,000,000, KRW 300,000,000, and KRW 500,000,000, while KRW 100,000,000 of a KRW 900,000,000 aggregate has already been used.

Modeled insurance payout

KRW 800M

The amount remaining after retention, Side limits, and the policy aggregate are applied.

Individual out-of-pocket

KRW 20M

The explicit uninsured amount in the Side A scenario.

Company out-of-pocket

KRW 420M

Side B and C retention, limit gaps, and explicit uninsured amounts.

Protection ratio

64.5%

The payout candidate divided by total modeled exposure, not a claim probability.

Defense aggregate erosion

KRW 250M

Inside-limit defense cost that consumes the policy aggregate.

Aggregate review range

KRW 600M–1.1B

The rounded largest claim demand and sum of all claim demands.

The range is neither an insurer recommendation nor a statutory minimum.
It uses the largest entered claim as the lower stress point and all entered claims within one policy period as the upper stress point.
Adding KRW 100,000,000 already eroded produces a KRW 1,200,000,000 current-period aggregate requirement, KRW 300,000,000 above the entered aggregate.

Three defense-cost settings

Inside the shared limit

Defense joins damages after the retention and can consume the Side and annual aggregate before a settlement or judgment is paid.

Outside under a separate cap

Defense is allocated from the entered defense cap after its prior erosion. This option never assumes unlimited defense.

Uncovered or unconfirmed

All entered defense cost becomes a coverage gap until the wording, consent, and covered matter are confirmed.

Defense-cost wording can be as important as the headline limit because complex litigation may consume a material part of the aggregate before damages are resolved.
Ask whether investigations, interviews, experts, appeals, extradition, public-relations response, and pre-claim inquiries fall within the definition and whether prior written consent is required.

Practical claim scenarios

Shareholder derivative litigation

Use Side A when company indemnification is uncertain and compare a Side B version when the company may fund the defense or loss. The calculator does not decide whether indemnification is legally available.

Securities disclosure claim

Confirm that entity coverage applies to the entered claim and transaction. Listing status, offering type, depositary receipts, jurisdiction, and major shareholder wording can change the analysis.

Employment or whistleblower matter

Separate an insured management claim from salary, severance, or another contractual payment obligation. Confirm the insured persons and any employment-practices extension.

Regulatory investigation or criminal process

Find the point at which investigation cost begins and the definition of covered proceeding. Keep fines and penalties outside the payout unless insurability and policy wording are confirmed.

Merger, acquisition, or control change

Review run-off, newly acquired subsidiaries, transaction exclusions, retroactive dates, and continuity of notice before and after the deal.

Several directors and several claims

One defense can reduce the amount available to another insured. Compare separate retentions with the one-retention-per-Side related-claim assumption.

Korean legal and insurance sources verified in 2026

The current Korean Commercial Act record is law ID 001702 and history identifier MST 272919, promulgated July 22, 2025 and effective July 23, 2026.
Article 382-3 addresses directors' duty of loyalty, Article 399 liability to the company, Article 401 liability to third parties, and Article 403 the shareholder derivative action mechanism.
Articles 719 and 720 contain general liability-insurance and necessary defense-cost rules, but they do not create one universal D&O limit, retention, or payment result for every policy.

Korea Insurance Research Institute CEO Report 2026-01 discusses domestic D&O coverage, Side A, B, and C, claims-made-and-reported structure, and market gaps.
A 2026 public procurement policy condition provides a real contract example with defense cost inside a per-claim limit and several extensions.
Its KRW 50 billion amount and endorsements are an example only, not a statutory rule, market benchmark, or default for this calculator.

Primary material

Renewal and quote checklist

Match the insured list, subsidiaries, former directors, and outside positions to the current organization chart.

Mark whether each Side has an independent limit or shares one aggregate and order-of-payments clause.

Confirm inside- or outside-limit defense, separate caps, consent, lawyer selection, and advancement timing.

Obtain written confirmation of prior claims, circumstances, payments, reserves, and remaining aggregate.

Compare related-claim wording and retention frequency under both separate and grouped scenarios.

Separate derivative, employment, investigation, securities, cyber, and transaction extensions.

Read fraud, personal profit, fines, penalties, insured-versus-insured, and major shareholder exclusions.

Record run-off, retroactive date, extended reporting, merger, acquisition, listing, and control-change dates.

Frequently asked questions

Is the modeled range an appropriate purchase limit?

No. It only rounds the largest entered claim and the sum of entered claims. Assets, market capitalization, shareholder profile, foreign exposure, financial capacity, premium, and policy wording still require professional review.

Does outside-limit defense mean unlimited defense?

No. Enter the separate amount actually confirmed. Reasonableness, necessity, prior consent, panel counsel, payment timing, and a separate cap may all apply.

Does a zero Side A retention mean full coverage?

No. Exclusions, unconfirmed coverage, Side and aggregate exhaustion, defense treatment, and explicit uninsured costs can still create a shortfall. Zero only means no entered retention.

How should damages and defense cost be estimated?

Use prior disputes, outside-counsel budgets, procedural stage, party count, jurisdiction, and settlement exposure. When uncertainty is high, save base, adverse, and severe scenarios.

Does selecting related claims make them legally one claim?

No. It only applies one retention pool per Side in this model. Actual relatedness depends on facts and policy definitions, so compare the separate-claim setting as well.

Can this page estimate premium?

No. D&O pricing and underwriting depend on financial condition, industry, listing status, claim history, governance, limits, and insurance-market conditions. One public rate would not produce a defensible quote.

Identify who owns the gap before focusing on the headline limit

Two policies with the same KRW limit can protect an individual and the company very differently because of Side allocation, defense erosion, retentions, related claims, and prior aggregate use.
Enter the actual schedule, change claim order and defense treatment, and take the result table plus checklist to the broker, insurer, and legal adviser for wording-specific answers.
The calculator cannot replace that review, but it can make the questions and financial tradeoffs visible.