Private equity funds and their portfolio companies face a broad range of evolving risks throughout the investment lifecycle, from acquisition and diligence through ownership, growth initiatives, and exit transactions. Insurance issues are omnipresent in this lifecycle, from the M&A transaction to operational losses within portfolio companies. Private equity is also significantly exposed to management liability claims, cyber incidents, regulatory investigations, and disputes involving historical liabilities, even after divestiture.
SDV Fenchurch represents private equity sponsors, family offices, investment firms, and their portfolio companies, always in their capacities as policyholders. Our international team of entirely dedicated policyholder insurance recovery lawyers helps clients evaluate risk, maximize available insurance assets, recover significant losses, and enhance insurance protection across their investment portfolios.
What We Do
We advise and represent private equity firms and portfolio companies at all stages of their transactions. From insurance placement and risk management support to insurance recovery efforts in a claims environment, we can support all aspects of the fund’s insurance needs. As the largest dedicated policyholder insurance law firm in the world, we have the broad experience and capability necessary to support both the fund itself directly and all of the fund’s diverse portfolio assets across all industries. Our experience crosses nearly every line of insurance in existence, including:
- Representations & Warranties / Transactional Risk Insurance
- Commercial General Liability
- First-Party Property
- Business Interruption and Contingent Business Interruption
- Directors and Officers Liability
- Professional Liability / Errors & Omissions
- Employment Practices Liability
- Cyber Liability
- Crime and Fidelity Coverage
- Environmental and Pollution Liability
- Products Liability and Product Recall
- Workers’ Compensation and Employers Liability
- Umbrella and Excess Liability
- Management Liability Programs
- Portfolio Company Risk Management and Insurance Program Review
In addition, we are experienced supporting private equity M&A transactions by evaluating existing insurance assets and liabilities, identifying coverage gaps, assessing historical claim exposure, and advising investors on insurance-related risks that may impact valuation, indemnity structures, or post-closing liability.
Our Experience
Our lawyers are experienced representing private equity sponsors and portfolio companies in claims, transactions, and other matters involving:
- Insurance recovery on behalf of portfolio companies following significant operational losses
- Coverage analysis and diligence support in mergers, acquisitions, and divestitures
- Assessment of insurance assets available to address known and contingent liabilities
- Insurance recovery efforts requiring collaboration with forensic policy archaeologists to reconstruct the terms of historical insurance programs on long-tail claims
- Representations and warranties insurance claims and disputes
- Directors and officers liability claims involving fund managers, boards, and company executives
- Coverage for cyber incidents, ransomware attacks, phishing losses, and privacy-related claims
- Professional and management liability coverage disputes
- Employment-related claims and workplace investigations
- Environmental and legacy liability exposures identified during transactions
- Product liability, product recall, and supply chain disruption losses
- Property damage and business interruption losses affecting portfolio company operations
- Complex multi-carrier insurance coverage litigation involving high-value claims
We regularly work with private equity professionals, operating partners, general counsel, portfolio company executives, risk managers, brokers, lenders, and transaction advisors to evaluate insurance assets, develop claims strategies, and maximize recoveries under complex insurance programs.
Our Approach
Private equity investors require practical, business-focused insurance advice that aligns with investment objectives and transaction timelines. We take the time to understand our clients’ portfolios, investment strategies, and risk profiles so we can provide solutions that create value throughout the investment lifecycle.
Whether supporting diligence efforts for a prospective acquisition, helping strengthen insurance programs throughout the portfolio, or pursuing recovery for significant losses, we work closely with sponsors, management teams, brokers, and other advisors to identify risks, improve risk transfer, and maximize available insurance recoveries. Our goal is to help private equity clients protect enterprise value, manage liabilities efficiently, and leverage insurance as a strategic asset before, during, and after investments.
Contact our Private Equity Team
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