As the potential risks to liability become more greatly exposed, it is imperative to consider the extent to which directors can find protection against such liabilities. There are many aspects of the insurance process that require attention when considering the impact of DPAs on coverage pursuant to an existing contract of insurance. However, consideration of coverage alone is not sufficient in determining the true extent of the impact of DPAs on directors’ (and corporate) liability and exposure. Given the nature of ABC D&O policies, which cover both individual directors and the corporate body(ies), it is also crucial to consider the process of arranging contracts of insurance, and thus obtaining coverage. Before considering the claims process, it is pertinent to set out the backdrop upon which precontractual obligations arise.