Insurance for Private Equity and Venture Capital Firms

General Partnership, Management Liability, and Professional Liability provides coverage for the private equity and venture capital firms and funds for suits alleging wrongful acts committed in their capacity as directors, officers, managing members or general partners of a fund. Coverage can include outside directorship liability coverage on all private companies and scheduled public companies. The definition of professional services includes, but is not limited to, investment advice and the management and operation of the funds, asset allocation; the selection and oversight of outside service providers; marketing and solicitation of private funds; the formation, capitalization, and disposition of portfolio companies, including acts in the capacity of controlling shareholder and the review, analysis and selection of other funds. Coverage can also be expanded to include coverage for Employment Practices Liability, Private Company Directors & Officers Liability Insurance, and Outside Directorship Liability coverage.

Side A Directors and Officers (D&O) Liability Insurance that provides only “direct” coverage of the directors and officers, managing members or general partners, but does not cover the firm, fund or corporation’s legal obligation to indemnify the directors and officers, managing members or general partners (known as Side B or corporate reimbursement coverage). Side A-only forms are written either on an excess or umbrella basis over a primary General Partnership/Management Liability policy. When written on an excess basis, they provide additional limits if a claim exhausts the coverage available under the primary form. When written on an umbrella basis, Side A-only policies afford broader coverage than the underlying, primary General Partnership/Management Liability policy, as well as additional limits.

Outside Directorship Liability is the coverage provided by General Partnerships/Management Liability Insurance for service on boards of directors outside the insured firm. Typically, such coverage only extends to service on the boards of nonprofit, rather than for-profit companies. Outside directorship liability coverage is found within the majority of corporate General Partnerships/Management Liability Policies and is written on either a double excess or a triple excess basis.

Fiduciary Liability covers trustees, employers, fiduciaries, professional administrators, and the plan itself with respect to Errors and Omissions (E&O) in the administration of employee benefit programs as imposed by the Employee Retirement Income Security Act (ERISA). This title and definition needs to be the same throughout all of the sliders.

Cyber Liability covers first and third party risks associated with e-business, the Internet, networks and informational assets. Coverage can include, but is not limited to, privacy issues, the infringement of intellectual property, cyber ransom, business interruption, virus transmission and breach response.

Employment Practices Liability Insurance coverage for employment practice allegations made against the insured organization and insured persons. The policy includes, but is not limited to, coverage for claims of discrimination, sexual harassment, hostile work environment, wrongful termination and other employment-related issues.

The Blanket Bond, also called the Financial Institution Bond, protects firms and funds against loss from dishonest acts of employees, burglary, robbery or theft (both on the premises and in transit), forgery, counterfeiting, misplacement, check kiting, electronic funds transfer as well as a number of other perils particular to the financial sector. Some underwriters extend coverage to include kidnap/ransom coverage. If Kidnap/Ransom extortion coverage is not part of the bond, it can be purchased separately.

Representations and Warranties protects when complex transactions, such as mergers and acquisitions, carry risks for both parties involved in the transaction. The Spofford Group can help structure insurance coverage to mitigate and fund uncertainties created by purchase and sale transactions.

Claims Advocacy can sometimes be a complex process which is why our dedicated claims management personnel work closely with our clients to successfully navigate the claims handling process with them. Claims advocacy includes: consulting with clients on best practices for early identification and reporting of covered matters, to claims submission on our clients’ behalf and analysis of carriers’ coverage positions through structuring of settlement agreements and oversight of expense reimbursement and claims payments. Our goal is to identify responsive coverage provisions and be instructive as to potential hurdles and consequences in the course of a claim’s adjudication.