Financial Institutions and Directors & Officers

In our FI/D&O practice we advise and act for (re)insurers on all aspects of claims falling to be considered under FI or D&O policies, whether the insureds be large multinational policyholders or SMEs.  We have deep experience of issues arising at all points of a claim’s lifecycle, from initial notification, to investigation, to coverage determination and settlement.

We are regularly instructed to monitor the development, defence and/or resolution of claims and/or to provide advice on discrete issues, including for (re)insurers on different policy years or parts of the tower.  Where necessary we also represent (re)insurers in coverage litigation, arbitration, mediation or other ADR processes.  Insurers of directors and officers facing criminal charges or regulatory investigations can also call upon our expert UK regulatory team who are experienced in handling some of the most high-profile cases in this specialist area.

Much of our work involves high value, sensitive and/or complex claims with international aspects.  We are well used to working collaboratively with counsel and experts in jurisdictions around the world.

Our team’s recent FI/D&O work includes:

• Acting for (re)insurers on a range of coverage and indemnity disputes
• Advising (re)insurers on claims arising from subprime exposures, “cum ex” transactions, neglect of bad loans in M&A transactions, and directors’ breach of fiduciary duty
• Providing coverage and claims handling support in relation to policies issued under a delegated authority agreement in connection with investments funds, trustees, bond issuers and banking activities
• Primary and excess layer settlements, claims control and claims management clauses 

We also have expertise in emerging risks that can impact directors and officers (and their insurers) including the use of artificial intelligence, cryptocurrencies and climate change-related duties.