In the following guest post, Javier Ybarra, Oswald Carvalho, and Sofia Garcia-Ollauri, all of Marsh Spain, consider a special feature of D&O insurance in Spain. Spain’s legal system allows civil damage claims to be pursued within criminal proceedings, which can lead courts to require directors and officers to post civil or bail bonds (“fianzas”) before liability is finally determined. As the authors discuss below, D&O insurers in Spain may be expected to provide or support these bonds, and companies with Spanish operations should ensure their D&O policies explicitly address bond coverage, reimbursement obligations, and related collateral requirements. Our thanks to the authors for allowing us to publish their article as a guest post on this site. Here is the authors’ article.

Continue Reading Guest Post: Are D&O Insurers Expected to Act as a “Bondsman” in Spain?