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Insurance for private equity funds:
Everything you need from a specialist broker

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The private equity industry is a driver of change in many areas of the global and German economy. While buy-and-build strategies have also found their way into our industry of insurance brokers, we as Risk Partners are the specialists for PE funds themselves when it comes to their own risk management. Last but not least, the challenging interest rate environment shows that the wind can change quickly and investors have to deal with disappointing returns. The will to claim damages is palpable.

The increasing complexity of regulations poses a growing risk for private equity funds, and not only at the portfolio company level. Fund structures, regulatory and tax systems are subject to constant change. Furthermore, the rules for marketing alternative funds and compliance requirements relating to FATCA/CRS, AML/KYC, security and data protection have introduced additional layers of complexity. We have also seen an increase in cyber criminals targeting private equity funds for years, which will certainly continue to increase in times of technologies such as ChatGPT or Alibaba's Ernie Bot. In addition, we are seeing cases of loss in secondary buyout transactions in particular, partly driven by the new fund's failure to achieve its return targets.

Risk Partners offer you comprehensive solutions for insurance and risk management over the entire life cycle of investments. In the second half of the year, together with our partner for M&A insurance, we will be taking a closer look at exits in particular - whether private (M&A insurance such as W&I insurance) or public (M&A insurance / POSI insurance & D&O insurance where applicable) - as well as best practices in a webinar specially designed for VC and PE funds.

Selected references

We let our work and our clients speak for us.

Structured risk dialog according to four fields:

In a holistic dialog with our clients from the private equity sector, we cluster the strategic risk dialog according to four subject areas, for which we then discuss potential risk transfer.

The answers to the risk discussion can be very individual. Compared to our VC clients, risk management at deal level also plays a more important role on both the buy and sell side (keyword: M&A insurance). For example, one GP may know a reliable network of criminal lawyers and prefer to bear the costs of such a process himself, while the added value of criminal legal protection insurance outweighs this for other GPs.

D&O / E&O insurance as a central component

The risk transfer of civil law claims from (a) and (b) is less controversial. Irrespective of whether a KVG is set up as a German GmbH & Co. KG structure or, for example, a Luxembourg SICAV, the transfer of these risks via special E&O and D&O insurance policies is particularly widespread among risk-conscious GPs. While E&O insurance essentially has the task of examining and, if necessary, defending against claims arising from errors in professional services or advice, e.g. based on marketing/contractual documents (presentations, Limited Partnership Agreement (LPA), Private Placement Memorandum (PPM)), or indemnifying against such claims in justified cases, D&O insurance has the important function of covering personal liability (including that of board members) both internally and externally. We frequently see claims against the management of funds in connection with the misuse of company funds, misrepresentations of fund assets in investor reporting, breaches of fiduciary duties and non-compliance with regulatory provisions as well as allegations of non-compliance.

In addition, it is advisable for private equity companies to strive for harmonization of insurance cover between portfolio companies and the private equity company itself ("don't put all your eggs in one basket"), as there are advantages to forming a different insurer or different D&O insurance consortia. One keyword here is accumulation clauses in terms and conditions, which could then become relevant in the event of a claim.

Sidekick: The DORA Regulation came into force on January 17, 2025. This is likely to make it necessary for fully regulated capital management companies to optimize contracts with service providers, for example. Is your D&O/E&O insurance ready for this? We would be happy to check this for you.

Our partners

In order to insure even complex fund constructs, we are in personal contact with all leading risk carriers in continental Europe and the UK insurance market to find innovative solutions that suit your needs.

 

Risk Partners D&O / E&O Private Equity Asset Protect for private equity funds from a specialist broker

  • In order to avoid confusion between two insurers in the event of a claim, we see the added value of so-called "blended cover" for our PE clients, in which the Directors & Officers (D&O) insurance is combined with the Errors & Omissions (E&O) insurance in one insurance cover. With our "Risk Partners D&O/E&O Private Equity Asset Protect", we are one of the very few specialist insurance brokers to offer this central cornerstone of civil law cover (a) and (b) with a fully written set of terms and conditions. However, an advanced risk management strategy can also justify the choice of two separate insurance policies, especially if the D&O insurance requires a higher risk or security requirement than the operational E&O risk. In this case, there would be two Risk Partners terms and conditions.
  • Accurately covering and securing positions in portfolio companies is essential. Through our partnership with LegalTech Fides Technology, you have access to advanced governance and compliance software solutions that enable clear and simple management of legal housekeeping issues while reducing your personal liability risk. We would be happy to explain how this is ideally integrated and how you can benefit from discounts on your D&O insurance premiums by using the Fides software. (Risk Partners offers a premium discount for the use of Fides software).
  • Worldwide industrial criminal legal protection insurance (as required as partial cover for management or as stand-alone insurance for all employees), e.g. for comprehensive (criminal) legal investigations by (supervisory) authorities and regulators (e.g. BaFin, CSSF).
  • Automatic pension cover for newly launched, additional funds or co-investment vehicles ("SPV clause") under the fund structure/holding company.
  • Automatic co-insurance of third-party mandates for new portfolio companies / investments.
  • Additional limit on defense costs for third-party mandates at a portfolio company.
  • Additional limit on defense costs for employees in IPO committees.
  • Comprehensive follow-up liability regulation in the event of an exit through the sale or IPO of a portfolio company/investment.
  • Preparatory actions in the context of an IPO of the portfolio company are also insured for clarification purposes.

What influence does the fund profile have on your insurance premium?

When insuring private equity funds, insurers take several key factors into account when calculating premiums:

  • Fund volume: The target fund volume of your PE fund has a significant impact on the risk profile from the insurer's perspective. With growing fund volume / AuM, the insurer assumes changing internal structures, including compliance and accounting requirements as well as an increasing number of investments to be managed in portfolio companies. Larger funds mean more complex investment strategies and management tasks, which can increase the susceptibility to errors, but in any case lead to higher loss amounts.
  • Investment strategy: As part of the investment profile, insurers look in particular at the sector and geographic focus, the ticket size and the GP's value creation strategies. As an example, funds with investments in the USA have a somewhat more difficult time, as do restructuring funds (insolvency risk), which have a more challenging time on the insurance market.
  • (Presumed) management experience: The quality of management is a decisive factor for above-average fund returns. The experience of the management team, their professional background and track record are important "proxies" for the insurer's risk assessment, which in turn influences the premium setting and fundamental underwriting decision. This is particularly relevant for a team's first PE fund.

Capital requirements for (fully regulated) AIFMs

What are the capital requirements for a capital management company? Together with experts Johannes Kiefer (Director of Risk & Compliance at Landsiedel & Partner) and Henry Franz (Managing Director of Layline.tax), we were able to share our complementary expertise on capital requirements for registered

Read more "

Special criminal legal protection insurance for private equity funds

Criminal liability insurance is the ideal complement to the liability cover provided by D&O and E&O insurance. It is particularly essential in the case of investigations by supervisory authorities, which are carried out due to the criminal nature of these investigations. This is because partial cover under D&O insurance generally does not offer comprehensive protection - this also applies to the offers under our Risk Partner D&O / E&O Private Equity Asset Protect. 

Why is this the case? D&O insurance, the insurance cover of which is normally regulated in a comprehensive set of terms and conditions of around 30 pages, is to be simplified and summarized on half a page. This does not necessarily provide for truly customer-friendly regulations. We therefore recommend that our clients actively remove these benefits from the terms and conditions in order to reduce the obligations (keyword: reduction of obligations). On the other hand, partial coverage in the area of criminal law protection within the D&O insurance can be decisive if there is no possibility of separate coverage. It should be noted that legal expenses insurers classify private equity funds and banks as financial institutions and that claims such as cum-ex or cum-cum are unfortunately also relevant for PE funds. In this context, we at Risk Partners are conducting educational discussions about the business models in order to distinguish PE funds from this loss-prone industry on insurers' books.

In conclusion, we recommend that every client investigate the legal protection market with regard to this option and ideally take out special criminal legal protection insurance.

What added value does special criminal legal protection insurance offer?

  • Legal costs cover: Special criminal legal protection insurance covers the costs of legal representation of your company or yourself in criminal or regulatory offense matters.
  • Protection against unfounded accusations: GPs or investment managers are often involved in legal disputes that later turn out to be unfounded. This insurance protects you against financial losses in such cases, which, depending on the initial situation, a KVG may not cover.
  • Expert support: You have access to experienced lawyers who specialize in criminal law matters.
  • Early conflict resolution: The insurance can also cover the costs of alternative dispute resolution procedures such as mediation or arbitration in order to resolve conflicts early and cost-effectively.
  • Customizable policies: The insurance can be tailored to the specific needs and risks of your KVG and fund construct(s), so you only pay for the protection you need.
hacker_mind

Cyber insurance / crime insurance for private equity

Private equity clients are considered "high-value" targets for cyber criminals. Legislators have also addressed this risk and are raising the requirements with the Digital Operational Resilience Act (DORA Regulation) for fully regulated capital management companies and harmonizing them in the EU single market. The importance of cyber security has certainly increased dramatically in today's digital landscape, including in the increasingly digital PE business models (keyword: deal sourcing). However, despite our ongoing advice to our PE / VC clients, we continue to see a reluctance to install comprehensive protection through interlinked cyber and fidelity insurance. On the other hand, there is an increasing number of cyber insurers who have refrained from taking on new risks in the PE / VC environment due to an accumulation of claims.

To get to the article, please click on the picture.

What KVGs should be aware of with regard to preventive measures and risk transfer:

  • Sensitive information: Private equity firms often have access to sensitive information about their portfolio companies, such as financial information, customer data and confidential business plans. This information can be valuable to attackers as it can be used for financial gain, to gain a competitive advantage or simply for blackmail (see EY).
  • High assets: Private equity firms often manage large sums of money, which makes a successful attack correspondingly profitable.
  • Limited security resources: Private equity firms often do not have the same level of security resources as some of their portfolio companies (vice versa), which makes them more vulnerable to attack.
  • Outsourcing: Private equity firms often have complex service provider structures, including third party providers and other law firms (also a focus for cyber criminals!). This can be a security weakness as attackers can exploit vulnerabilities in third party systems to gain access to a private equity firm's networks.
  • Remotework: With the increase in remote work, it has become easier for attackers to exploit vulnerabilities in home networks to gain access to a private equity firm's network.

The combination of crime and cyber insurance protects against financial losses caused by fraud, embezzlement, theft, social engineering, phishing and other crimes committed by external perpetrators as well as by your own employees or trusted individuals. Discover more about these real threats, fraud schemes and the best preventative measures to effectively counter these risks in our webinar with the experts from Control Risks. In addition, prepare your KVG for the new possibilities in times of AI mentioned at the beginning, which will enable new attack scenarios and unfortunately also be successful.

M&A Transaction-Services

Sobald ein Risiko den Abschluss eines Deals gefährdet, muss es nicht zwangsläufig im Kaufvertrag bzw. der jeweiligen Bilanz verbleiben. Steuerliche Dealbreaker, ungelöste Rechtsfragen, weitreichende Garantieverpflichtungen, hohe Escrow-Beträge oder Contingent Liabilities wirken sich direkt auf Kaufpreis bzw. Rendite, Haftungsregelungen und die Sicherheit des Deals aus. Denn wenn der Sachverhalt, Rechtsposition, Exposure und Informationslage so aufbereitet sind, dass der Versicherungsmarkt eine fundierte Zeichnungsentscheidung treffen kann, werden solche Risiken versicherbar und können auf die Bilanz des Versicherers wechseln.

Risk Partners M&A-Versicherungsexperten agieren an der Schnittstelle zwischen SPA-Verhandlungen, Due Diligence und Risikotransfer. Wir analysieren frühzeitig die Marktgängigkeit, strukturieren die Darstellung der Risiken, bereiten die verfügbaren Transaktionsdaten für die Marktansprache auf und verhandeln Deckungsumfänge, Ausschlüsse sowie Konditionen mit den passenden Märkten und Risikoträgern.

Welche Versicherungslösung einen Deal tatsächlich optimiert, hängt von der Transaktion selbst ab: sei es durch die Reduzierung der Verkäuferhaftung, eine bessere Absicherung des Käufers, weniger gebundenes Kapital in Escrow oder mehr Planungssicherheit bis zum Signing und Closing. Das Produkt folgt dabei stets der Struktur – und nicht umgekehrt. Typische Anwendungsfälle sind:

  • die Reduzierung des Seller Recourse, etwa durch Begrenzung von Verkäuferhaftung, Escrow, Holdback oder Kaufpreiseinbehalten,
  • die Absicherung des Käufers vor unbekannten Garantieverletzungen oder nicht offengelegten Risiken,
  • die Strukturierung bekannter Risiken wie steuerliche, rechtliche, umweltbezogene, eigentumsrechtliche, IP- oder regulatorische Themen, die außerhalb des klassischen W&I-Rahmens liegen,
  • die Lösung von Dealblockern, etwa durch spezifische Freistellungen, W&I-Ausschlüsse, Rechtsstreitigkeiten oder Contingent Liabilities, die eine Einigung über Risikoallokation oder Kaufpreis verhindern, sowie
  • die Begleitung von Sondersituationen wie Distressed-Deals, Carve-outs, Secondaries, Buy-and-Build-Strategien, Dual-Track-Prozesse, IPO-nahe Transaktionen oder Change-of-Control-Situationen, die eine frühzeitige Prüfung von Versicherbarkeit, Timing und Marktansprache erfordern.

Der Markt hat sich in den letzten Jahren deutlich weiterentwickelt: Neben klassischen W&I-Policen werden heute auch Tax-, Contingent-Risk-, Litigation-, Title-, Environmental- und synthetische Strukturen deutlich differenzierter geprüft. Gerne beraten wir Sie individuell zu ihrem konkreten Risiko zu der für Sie besten Lösung.

Erfahren Sie mehr zu unseren M&A Transaction-Services

  • Warranty & Indemnity (W&I) Insurance
  • Distressed M&A & Synthetic W&I Insurance
  • Tax Liability Insurance
  • Contingent and Litigation Risk Insurance
  • Title Insurance
  • Environmental Insurance
  • Intellectual Property (IP) Insurance
  • Secondary and Continuation Funds Insurance
  • D&O Run-off & Management Liability Insurance
  • Political Risk Insurance
  • Insurance Due Diligence
  • Dual Track & Exit Readiness

Guide: How private equity funds and their fund managers protect themselves against liability risks

Risk Partners GmbH's PE guidelines, which we update regularly, provide sound information on the necessary (and less necessary) insurance policies that you as a fund manager need for effective (personal) risk management. This helps you to avoid liability risks and to ensure the protection of the fund assets or the PE fund company. In addition, we offer an anonymized analysis from our benchmark database, which provides you with more transparency and opportunities for comparison with your colleagues in terms of:

  • Amount of the sums insured
  • Structure of the limit structure (maximization and "shared limits" vs. "separate limits")
  • Premium comparisons
  • Claims (anonymized)

We relate these parameters to the fund volume, investment focus and the year in which the D&O/E&O insurance was first placed. A valuable tool for your next GP meeting.

Public liability (office liability insurance)

Office liability insurance is a form of liability insurance that protects private equity companies against financial risks that may result from third-party liability claims. In contrast to E&O insurance, however, it explicitly does not cover "genuine financial losses", but "non-genuine financial losses" (e.g. compensation for a guest's laptop destroyed by a glass of water being knocked over). Due to the lower risk, office liability insurance also costs only a fraction of E&O insurance and is recommended due to the low premium.

Added value of office liability insurance:

  1. Liability cover: Office liability insurance protects you against the financial consequences of claims for damages if you or your employees inadvertently cause damage to third parties, be it physical injury, property damage or financial loss.
  2. Personal injury and property damage: Office liability insurance also protects you against the financial consequences of personal injury and property damage. This means that damage to persons (e.g. bodily injury) or property (e.g. damaged property) caused by third parties is covered if it is caused during your professional activity.
  3. Damage to rented property: This point is particularly relevant if you rent office space. Office liability insurance can also cover damage to rented premises if it is caused in your office. For example, if a fire breaks out or water leaks occur and damage is caused to the rented property.
Table of contents

Blog / News

Capital requirements for (fully regulated) AIFMs

What are the capital requirements for an asset management company? Together with experts Johannes Kiefer (Director of Risk & Compliance at Landsiedel & Partner) and Henry Franz (Managing Director of Layline.tax), we were able to compile our complementary expertise on capital requirements, ranging from registered asset management companies to fully licensed ones. In this issue of VC Magazine, we share how E&O insurance, among other things, can provide added value. In addition to our article available below, please also see the

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Risk Partners is advising Terranor Group AG on its NASDAQ (Sweden) IPO

From Road Builder to IPO Candidate: How Terranor Group AB Conquered Nasdaq First North. It was a day that marked a new chapter not only for Terranor Group AB but for the entire Nordic infrastructure sector: On June 19, 2025, the Swedish company celebrated its successful initial public offering on the Nasdaq First North Premier Growth Market in Stockholm. Risk Partners as IPO Advisor Because while Terranor Group’s shares

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4 pillars of cyber insurance for venture capital and private equity

Cyber insurance Venture capital and private equity

Why cyber insurance does not transfer the core risk of VC & PE funds and why we have invested in Risk Partners cyber master agreements. Why cyber risks are relevant for venture capital and private equity funds With the increasing growth of the cyber crime industry (see Federal Office for the Protection of the Constitution), venture capital (VC) and private equity (PE) funds and their fund managers are also increasingly exposed to cyber risks. For years, this has been reflected in the claims we have been able to support, in which fund managers have been exposed to cyber risks year after year.

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