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Underwriting D&O Liability Insurance: Legal Framework & Best Practices in Malaysia

Public Short Course

HRD Training Prog No 10001731605
Date & Time 28 – 29 September 2026, 9.00 a.m. – 5.00 p.m.
Registration Deadline 17 September 2026 
Learning Format Virtual

Overview

Directors & Officers (D&O) Liability Insurance has become a critical component of corporate governance and risk management in Malaysia. With increasing regulatory scrutiny, heightened expectations of board accountability, and evolving exposures such as ESG and cyber risks, underwriters must possess a strong understanding of both legal obligations and underwriting best practices.

This two‑day programme provides a comprehensive and practical exploration of D&O liability, Malaysian legal frameworks, underwriting methodologies, and real‑world case studies. Participants will learn how to assess risks, interpret legal duties, evaluate corporate governance practices, and design appropriate D&O coverage for Malaysian companies.

Recommended For

This programme is ideal for:

• Insurance underwriters (junior to senior levels)

• Financial lines and liability underwriters

• Risk assessors and analysts

• Insurance brokers and agents

• Legal, compliance, and claims officers

• Corporate governance and risk management professionals

• Anyone involved in underwriting, advising, or managing D&O liability risks

Learning Outcome

A. Explain the purpose, scope, and structure of D&O liability insurance.

B. Interpret key legal duties and liabilities of directors under Malaysian law, including the Companies Act 2016 and relevant case law.

C. Evaluate corporate governance practices and identify red flags during underwriting.

D. Assess proposal forms, disclosures, financials, and claims history to determine risk quality.

E. Differentiate between Side A, B, and C coverage and apply them appropriately in underwriting decisions.

F. Identify common D&O claims scenarios in Malaysia and understand insurer obligations during claims handling.

G. Apply legal defenses available to directors, including the business judgment rule and indemnity provisions.

H. Recognise emerging risks such as ESG, cyber liability, AMLA, MACC Act exposures, and compliance pitfalls.

I. Strengthen underwriting judgment through case studies, group discussions, and scenario analysis.

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Underwriting D&O Liability Insurance: Legal Framework & Best Practices in Malaysia

For Inquiries

Sales

+603 2712 8882

Programme Structure

Day 1: D&O UNDERWRITING & MALAYSIAN LEGAL CONTEXT

Time Module Content
9.00 am –
1.00 pm
Session 1:

Introduction to D&O Liability

  • Purpose and scope of D&O insurance
  • Key definitions: insured persons, claims, wrongful acts
  • The role of D&O insurance in corporate governance
Session 2:

Legal Duties & Liabilities of Directors in Malaysia

  • Companies Act 2016: Fiduciary duties, statutory obligations
  • Personal liability of directors and officers
  • Key case law in Malaysia (e.g., Pesaka Astana v MIMB, Danaharta Urus Sdn Bhd v Kekatong Sdn Bhd)
1.00 pm –
2.00 pm

Lunch break

2.00 pm –
5.00 pm
Session 3:

The Legal Framework of D&O Liability in Malaysia

  • Regulatory bodies: SSM, Bursa Malaysia, SC
  • Securities Commission Act 1993, Capital Markets and Services Act 2007
  • Common law vs statutory duties
  • Corporate governance codes (Malaysian Code on Corporate Governance)
Session 4:

Underwriting Considerations – Part 1

  • Risk profiling of companies and industries
  • Board composition and red flags
  • Claims history and financial analysis

 

Day 2: UNDERWRITING PRACTICE, CLAIMS & CASES

Time Module Content
9.00 am –
1.00 pm
Session 5:

Underwriting Considerations – Part 2

  • Proposal forms and key disclosures
  • Policy structure: Side A, B, and C coverage
  • Exclusions, endorsements, and extensions
Session 6:

Claims Handling and Legal Defences

  • Claims process and insurer obligations
  • Common D&O claims scenarios in Malaysia
  • Legal defences for directors (e.g., business judgment rule, indemnity clauses)
1.00 pm –
2.00 pm

Lunch break

2.00 pm –
5.00 pm
Session 7:

Case Study Workshop

  • Group exercise: Analyse Malaysian D&O case(s)
  • Mock underwriting and policy design for a fictional Malaysian company
  • Roleplay: Risk assessment and broker negotiation
Session 8:

Regulatory Compliance & Emerging Risks

  • AMLA, MACC Act 2009, Whistleblower Protection Act
  • ESG, cyber risk, and evolving board responsibilities
  • Key compliance pitfalls for underwriters

 

Dates

28/09/2026

2 Days (Virtual)

Fees

Normal Fee: Individual

Aii Member: 
RM 1,200/USD 275

Non-Member:
RM 1,400/USD 320

Normal Fee: Group of 3 pax

Aii Member: 
RM 1,100/USD 250

Non-Member:
RM 1,300/USD 295

Meet The Expert

 

Ravindaran Krishnan

LLB (Hons) University of London, United Kingdom, MBA, University of Newcastle, Australia, Postgraduate Diploma in Human Resource Management

Ravin obtained a law degree from University of London, a postgraduate Diploma in Human Resource Management and an MBA from the University of Newcastle, Australia. He has worked for some of the largest multinational corporations such as AIG, Allianz and AXA.

 

As Group HR and Administrative Senior Manager his expertise includes recruitment, compensation and benefits, employee relations, payroll, insurance, training, corporate social responsibility and corporate communications.