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Directors and Officers (D&O) Insurance in Florida

Florida requires a breach of director duty and a listed statutory trigger before imposing monetary liability; the trigger differs for proceedings by or in the right of the corporation or a shareholder and proceedings by other claimants. The statute preserves criminal-law defenses and qualifies what counts as an improper personal benefit. Identify each insured entity’s legal form and incorporation jurisdiction before applying these Florida Business Corporation Act rules. 1,2

What Is Directors And Officers?

D&O insurance can help pay covered defense costs and losses from claims against company leaders over management decisions. If your organization has a board or executives, check whether the company itself is insured and whether legal bills reduce the limit. Read the national Directors and officers guide.

What to Watch for in Florida

  • Third-Party Claims Use a Recklessness Test

    The recklessness trigger applies in proceedings by or in the right of someone other than the corporation or a shareholder; the director must consciously disregard a known or obvious risk that is known or obvious to be so great that harm is highly probable. Ask how the policy treats a bodily-injury or property-damage claim naming directors alongside the company. 1

  • Criminal Violations and Personal Benefits Matter

    A criminal-law violation is a trigger only subject to § 607.0831’s reasonable-cause defenses. A director is also deemed not to have received an improper personal benefit in qualifying lawful transactions that meet the statute’s disclosure and approval or fairness conditions. Compare these limits with the policy’s conduct exclusion wording. 1

  • Final Findings Can Bar Company Indemnity

    For a director or officer, § 607.0859 restricts indemnity and expense advances only when a judgment or final adjudication establishes that the conduct was material to the adjudicated cause and meets a listed ground; a court may order otherwise under § 607.0854(1)(c). Ask when the policy pays defense costs directly if company indemnity is unavailable. 2

Who Regulates Insurance in Florida

Florida Office of Insurance Regulation

The Florida Office of Insurance Regulation licenses and regulates insurance companies and reviews rates and forms. The Department of Financial Services separately licenses insurance agents and handles consumer insurance complaints; its resource page links to both state license searches. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 4.94% of gross premium plus a 0.03% FSLSO service fee for policies effective July 1, 2026 or later When Florida is the insured’s home state, Florida taxes the entire gross premium at 4.94%; the premium definition includes policy and similar insurance charges. The separate FSLSO service fee is 0.03% for policies effective July 1, 2026 or later. Surplus-lines policies do not receive Florida Insurance Guaranty Association protection. 6,7,8

Florida Surplus Lines Service Office

Providers With Documented State Licenses

These providers publish a national listing for Directors and officers; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Florida. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • CoalitionCoalition Insurance Solutions, Inc.Insurance producer, Surplus-lines broker · checked 2026-09-28Coalition’s license page lists producer and surplus-lines licenses for Coalition Insurance Solutions, Inc. in all 50 states and the District of Columbia. The page separately lists insurers; this record covers the brokerage entity only. 10
  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 11
  • TechInsuranceSpecialty Program Group LLCInsurance producer · checked 2026-09-28TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. 14
  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 15

Questions to Ask Before You Buy in Florida

  1. How does the policy address Florida’s recklessness standard for claims brought by third parties?
  2. Does the conduct exclusion wait for a final adjudication consistent with Florida’s indemnification restrictions?
  3. If a final finding prevents company indemnification under § 607.0859, how are defense costs handled?

Directors And Officers in Florida: FAQ

When can a Florida director be personally liable for corporate decisions? 1

Yes, but only after a director breaches a duty and the breach meets a statutory trigger. The trigger depends on whether the proceeding is by or in the right of the corporation or a shareholder, or by another claimant; criminal-law defenses and the statute’s qualified definition of improper personal benefit also apply. 1

Can a Florida corporation indemnify a director after a final misconduct finding? 2

Usually not after a qualifying final adjudication. For a director or officer, § 607.0859 requires the conduct to have been material to the adjudicated cause and to meet a listed ground, but a court may order indemnification or advancement under § 607.0854(1)(c). 2

Directors And Officers in Other States

Other Coverage in Florida

Sources

  1. Florida Statutes § 607.0831. Florida Legislature; § 607.0831(1)–(2), director liability and recklessness definition. Accessed 2026-09-28.
  2. Florida Statutes § 607.0859. Florida Legislature; § 607.0859(1)–(2), overriding restrictions on indemnification and advancement. Accessed 2026-09-28.
  3. Florida Office of Insurance Regulation. Florida Office of Insurance Regulation; Official regulator homepage; insurer regulation. Accessed 2026-09-28.
  4. Resources. Florida Office of the Insurance Consumer Advocate; State page links to DFS agent search and OIR active company search. Accessed 2026-09-28.
  5. Get Insurance Help. Florida Department of Financial Services; Insurance concern and formal complaint intake; consumer helpline. Accessed 2026-09-28.
  6. Florida Statutes § 626.932: Surplus lines tax. Florida Legislature; 4.94% tax on gross premium; home-state taxation; statutory definition of premium. Accessed 2026-09-28.
  7. FSLSO Bulletin 2026-02. Florida Surplus Lines Service Office; Service-fee rate effective July 1, 2026: 0.03%. Accessed 2026-09-28.
  8. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  9. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  10. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  11. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  12. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  13. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  14. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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