Business insurance. Personal attention.

Insurance, explained

Wrongful acts

Wrongful act is a defined term used in some liability policies to describe conduct that can form the basis of a claim. The definition may include specified errors, omissions, statements or breaches of duty.

Business owner discussing insurance documents with an adviser
BAU Risk Services — insurance brokerage

01 / The meaning

What it means.

The phrase does not mean a court has already found wrongdoing. A policy can address allegations, with liability remaining disputed. Directors’ and officers’, management liability, professional indemnity and employment practices sections may each define the term differently. The relevant insured person, their capacity and the activity in which the conduct occurred are therefore central to deciding which definition should be read.

A broad definition is only one part of the insurance analysis. The claim must also meet the insuring clause, timing rules and other terms. Exclusions for dishonest or intentional conduct, prior knowledge or specified liabilities can limit the response, and their application may depend on carefully drafted conditions. Do not assume every breach of duty is insured or that merely alleging dishonesty automatically determines the whole claim.

02 / Put it in context

A practical example.

Hypothetical example

Hypothetical example: a company director is accused of giving misleading information during a transaction. The allegation is notified with the relevant documents. The business checks the wrongful-act definition, insured capacity and exclusions while the factual and legal issues remain unresolved.

This example illustrates the term. It does not predict a claim outcome.

03 / Read the detail

What to check.

04 / Start a useful conversation

A question for your broker.

Does the allegation concern conduct and an insured capacity within this section’s definition, before considering its other requirements and exclusions?

Further reading

Read the source guidance alongside the relevant policy wording.

General information only. This does not take into account your objectives, financial situation or needs. Before acting, consider whether the information is appropriate for you. Cover is subject to insurer acceptance and the policy terms, conditions, limits and exclusions. Read the Financial Services Guide and the relevant PDS (where applicable) and/or policy wording before deciding.

Let’s start with your business

A clearer conversation
about your insurance.

Tell us what you do, what has changed and what you need to understand.