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Directors and Officers (D&O) Insurance in Ohio

Ohio business corporations must advance a director’s defense expenses as they are incurred unless their articles or regulations expressly opt out; the rule excludes a case asserting only liability under Ohio Rev. Code § 1701.95. These statutes address Ohio corporations, so identify the insured entity’s form and incorporation jurisdiction before relying on them. 1

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 Ohio

  • Check the Articles for an Opt-Out

    For an Ohio corporation, director defense expenses generally are advanced as incurred after the director gives the required undertaking, unless the articles or regulations specifically opt out. Ask for the filed charter and amendments, and compare any opt-out with the policy’s advancement terms. 1

  • Section 1701.95 Claims

    The statutory advancement rule does not apply when the only liability asserted against a director is under § 1701.95. That section addresses specified unlawful dividends, distributions, redemptions, and certain loans, with liability measured by the relevant excess or unpaid amount and statutory defenses. Ask how the policy responds to these claims and who funds defense costs. 1,2

  • Statutory Insurance Power

    Ohio law permits a corporation to buy insurance whether or not it can indemnify the same liability, but that corporate power does not decide whether a particular policy responds. Confirm insured-person definitions, claim categories, exclusions, and who controls advancement. 1

Who Regulates Insurance in Ohio

Ohio Department of Insurance

ODI licenses insurance agents and agencies and provides a public agent and company locator. Its consumer complaint form accepts insurance complaints and lets you identify an agent or company. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 5% of gross premium, net of return premiums For Ohio-home-state surplus-lines placements, Ohio sets a 5% tax on gross premiums after returned premiums and requires the surplus-lines broker to collect it when the policy is delivered. A diligent search usually applies; a qualifying exempt commercial purchaser may request nonadmitted placement in writing after disclosure that authorized-market coverage may offer greater protection, and the policy requires a signed notice of no Ohio guaranty-association benefits. 6,7,8

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 Ohio. 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
  • RisklyticsRisklytics, Inc.Insurance producer · checked 2026-09-28Risklytics’ licensing page lists its Massachusetts resident agency license plus state license records in Arizona, Colorado, Illinois, Indiana, New Jersey, Ohio, Texas and Washington; it identifies the NPN record date as September 10, 2026. This list is company-published and not a product availability map. 14
  • 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. 15
  • 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. 16

Questions to Ask Before You Buy in Ohio

  1. For an Ohio corporation, do the articles or regulations opt out of the director expense-advancement rule in § 1701.13(E)(5)(a)?
  2. How does the policy handle a claim asserting only liability under Ohio Rev. Code § 1701.95?
  3. Can the policy pay defense invoices while the corporation is still deciding whether it may indemnify the insured?
  4. Which jurisdiction’s entity law governs each named insured and outside-board role?

Directors And Officers in Ohio: FAQ

Does Ohio require a corporation to advance a director’s defense costs? 1

Generally, yes: § 1701.13(E)(5)(a) requires advancement as expenses are incurred after an undertaking, unless the articles or regulations expressly opt out. It excludes a proceeding in which the only liability asserted is under § 1701.95. 1

Can an Ohio corporation insure a liability it cannot indemnify? 1

Yes. Section 1701.13(E)(7) authorizes insurance whether or not the corporation could indemnify that same liability; the policy wording still determines any insurer payment. 1

Directors And Officers in Other States

Other Coverage in Ohio

Sources

  1. Ohio Revised Code § 1701.13, Authority of corporation. Ohio Laws; Division (E)(2)–(8): derivative claims, successful defense, advancement, insurance. Accessed 2026-09-28.
  2. Ohio Revised Code § 1701.95, Liability for unlawful loans, dividends, distribution of assets. Ohio Laws; Divisions (A)(1)–(2), (B)–(F): director liability, amount, defenses, limitations. Accessed 2026-09-28.
  3. ohio insurance regulator. State insurance regulator; Official regulator home page and consumer/industry navigation. Accessed 2026-09-28.
  4. Ohio Department of Insurance Agent / Agency Locator. State insurance regulator; Public search fields for agent and agency name, NPN, license number, city, ZIP, residency, and license type. Accessed 2026-09-28.
  5. Ohio Department of Insurance Consumer Complaints Form. State insurance regulator; Online complaint form collects insurer, coverage, agent, issue, and supporting documents; page warns submissions may be public records. Accessed 2026-09-28.
  6. Ohio Revised Code §3905.36. Ohio Laws; Division (B): 5% of gross premiums after return premiums; surplus-lines broker collects from insured at policy delivery. Accessed 2026-09-28.
  7. Ohio Revised Code §3905.38. Ohio Laws; Division A: Chapter 3905 rules do not apply when Ohio is not insured's home state. Accessed 2026-09-28.
  8. Ohio Revised Code §3905.33. Ohio Laws; Divisions (B)(1), (B)(4): five-market diligence and ECP disclosure/written request; division (C): signed notice of no Ohio Insurance Guaranty Association benefits. Accessed 2026-09-28.
  9. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. About Risklytics. Risklytics; What we do; Who we insure; Licensing; Agency licenses table dated 2026-09-10. Accessed 2026-09-16.
  15. 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.
  16. 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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