---
title: "Does D&O Cover Criminal Acts?"
description: "A criminal proceeding may qualify as a D&O claim, but proven intentional wrongdoing is commonly excluded from payment."
canonical: "https://spot.insure/insurance-faq/directors-officers/do-cover-criminal-acts"
page-type: "faq-question"
updated-at: "2026-09-25"
---

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# Does D&O Cover Criminal Acts?

A criminal proceeding may qualify as a D&O claim, but proven intentional wrongdoing is commonly excluded from payment.

Some policy forms include formal criminal proceedings in the claim definition and defer conduct exclusions until a final determination. Compare defense-cost wording and the point when repayment may be required.

A criminal charge may meet the policy’s definition of a claim, yet a conduct exclusion can later bar indemnity for intentional or dishonest acts. Side A or B may initially be relevant to an insured person’s defense; Side C depends on the company grant and the nature of the claim. Advancement, repayment, and final-adjudication language determine how defense costs are handled if wrongdoing is established. Check whether a formal charge is required, which insured must be implicated, whether one person’s conduct affects others, and if fines or restitution are excluded. Do not treat defense-cost funding as coverage of a criminal penalty.

## Related Questions

- [Does D&O Cover Fraud?](https://spot.insure/insurance-faq/directors-officers/do-cover-fraud)
- [Does D&O Cover Regulatory Investigations?](https://spot.insure/insurance-faq/directors-officers/do-cover-regulatory-investigations)
- [Does D&O Cover Fines?](https://spot.insure/insurance-faq/directors-officers/do-cover-fines)
- [What Doesn’t D&O Insurance Cover?](https://spot.insure/insurance-faq/directors-officers/what-doesnt-do-cover)

## Related Coverage

- [Directors and officers](https://spot.insure/coverage/directors-officers)

## Sources

1. [Private Company Directors and Officers Liability Coverage](https://asset.trvstatic.com/download/assets/pdo-3001.pdf/d66bd58e63c911ee99d14294a32ecb95). Travelers Casualty and Surety Company of America; I.A–C p.1; III.A–E pp.1–2; III.J–M pp.2–3; IV Exclusions pp.3–4; VI Defense and Settlement pp.6–7; form version PDO-3001 Ed. 01-09. Accessed 2026-09-25.
2. [Directors and Officers insurance](https://www.iii.org/article/directors-and-officers-insurance). Insurance Information Institute (Triple-I); What D&O covers; What’s excluded?; The added value of protecting company leaders. Accessed 2026-09-25.

More answers: [Directors and Officers (D&O) Insurance FAQ](https://spot.insure/insurance-faq/directors-officers).

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