“A Fund Managers’ Guide to Maximizing D&O and E&O Insurance Coverage” examines best practices for fund managers—particularly in the current economic climate—for negotiating and obtaining strong insurance protection and maximizing recovery when claims arise. As the economic impact of COVID-19 continues to reverberate across all global industries, there is an increased risk of claims being asserted against private fund managers, their funds and portfolio companies, as well as key individuals, both in their capacity as members of fund management and/or as members of a portfolio company’s board. At the same time, however, the insurance market has become much more challenging for fund managers to successfully navigate.

In this article, Proskauer’s Insurance Recovery and Counseling team weigh in on some of the most important insurance issues adversely affecting fund managers and the recent shift in behavior from insurers as a direct result of the impacting global pandemic.

Read the full client alert here.

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Photo of John Failla John Failla

John Edward Failla is a partner in the Insurance Recovery & Counseling Group. With more than twenty years of experience focusing on insurance recovery for business policyholders, John has the practical and legal experience to assist clients in managing business risks and solving…

John Edward Failla is a partner in the Insurance Recovery & Counseling Group. With more than twenty years of experience focusing on insurance recovery for business policyholders, John has the practical and legal experience to assist clients in managing business risks and solving business problems.

John has helped clients recover more than a billion dollars from their insurers through litigation, alternative dispute resolution or negotiation in some of the most significant insurance matters involving a wide range of issues.

Photo of Nathan Lander Nathan Lander

Nathan Lander is a partner in the Insurance Recovery & Counseling Group who represents clients in high-stakes disputes with their insurance companies as well as counseling them regarding a wide array of insurance issues.  Clients have praised Nate in Chambers and The Legal

Nathan Lander is a partner in the Insurance Recovery & Counseling Group who represents clients in high-stakes disputes with their insurance companies as well as counseling them regarding a wide array of insurance issues.  Clients have praised Nate in Chambers and The Legal 500 as being “responsive, knowledgeable and creative,” a “zealous advocate” and “absolutely amazing to work with.”

During the course of his career, Nate has assisted clients in recovering more than $1 billion in disputes with their insurers through litigations, arbitrations, mediations and negotiations.  Nate prides himself in helping clients reach favorable resolutions with their insurers where possible, but when insurers refuse to pay, Nate has aggressively litigated coverage disputes against them in courts and arbitrations throughout the country.

Although Nate has represented a wide range of policyholder clients – including Fortune 500 companies and professional sports teams, among others – Nate is particularly well-known for his representations of asset management clients in insurance disputes.  Nate has represented numerous private equity firms and portfolio companies, hedge funds, registered funds, venture capital firms, and other asset managers in disputes with insurance companies, including claims for coverage under D&O, E&O, crime, life, property, and other policies.  For example, Nate was recently lead counsel for a private equity firm in a litigation over $100 million of coverage its insurers refused to provide for claims against the private equity firm arising from the bankruptcy of a portfolio company.

In addition to his litigation practice, Nate also regularly advises clients on risk management issues, including structuring of insurance programs and the negotiation and drafting of policy language, in order to help protect clients in the event of a claim or loss.  Nate has particular experience with respect to the insurance markets and products for asset management clients.  He has assisted numerous asset managers of all types and portfolio companies in reviewing and negotiating potential insurance policies or programs, including D&O, E&O, EPL, fiduciary, crime, cyber, reps & warranties and other specialized products.

Photo of Joshua M. Newville Joshua M. Newville

Joshua M. Newville is a partner in the Litigation Department and a member of Proskauer’s White Collar Defense & Investigations Group and the Asset Management Litigation team.

Josh handles securities litigation, enforcement and regulatory matters, representing corporations and senior executives in civil and…

Joshua M. Newville is a partner in the Litigation Department and a member of Proskauer’s White Collar Defense & Investigations Group and the Asset Management Litigation team.

Josh handles securities litigation, enforcement and regulatory matters, representing corporations and senior executives in civil and criminal investigations. In addition, Josh advises registered investment advisers and private fund managers on regulatory compliance, SEC exams, MNPI/insider trading and related risks.

Before joining Proskauer, Josh was senior counsel in the U.S. Securities and Exchange Commission’s Division of Enforcement, where he investigated and prosecuted violations of the federal securities laws. Josh served in the Enforcement Division’s Asset Management Unit, a specialized unit focusing on investment advisers and the asset management industry. His prior experience with the SEC provides a unique perspective to help asset managers manage risk and handle regulatory issues.