Geoffrey B. Fehling

Geoff helps corporate policyholders and their directors and officers resolve high-stakes insurance disputes. A Boston-based partner in Hunton’s top-ranked insurance coverage practice, he has recovered hundreds of millions of dollars for clients across industries, from finance to energy. Geoff writes and speaks frequently on insurance and risk management topics and has received national recognition for his policyholder work from organizations like Legal 500 United States.

Geoff is especially valued by clients for his experience in the area of directors and officers (D&O) and management liability insurance, regularly advising boards of directors on D&O insurance and other issues related to executive protection and serving as Co-Chair of the American Bar Association Business Law Section’s Director and Officer Liability Committee. He also counsels policyholders on a wide range of other insurance claims and issues, including professional liability and errors and omission (E&O), cybersecurity and data breaches, bankruptcy and insolvency, employee theft and fidelity claims, government investigations, environmental liabilities, business interruption, and property damage. He is an experienced trial and appellate advocate, but frequently resolves coverage disputes through settlement negotiation, mediation, and other alternative dispute resolution without the need for litigation.

Financial Services

• Represent private equity executives and outside directors in securing D&O coverage for fiduciary duty claims, including full coverage for multi-million dollar settlement and reimbursement of legal fees.
• Advised major US wealth management venture in pursuing cyber, bankers professional liability, and fidelity insurance claims to recover losses, including coverage counsel fees, incurred in resolution of a customer wire transfer dispute.
• Represented private equity fund and its portfolio company in recovering under environmental liability policies for losses incurred in connection with litigation commenced by state regulators.
• Representing national banking institution in arbitration concerning coverage under D&O insurance policy for underlying securities suit.
• Advised private equity firm on securing coverage under D&O and representation and warranty policies in connection with government investigation and potential qui tam claims.
• Represent banks, residential mortgage servicers and similar regulated entities and individuals under investigation and defending claims asserted by the Securities and Exchange Commission (SEC), Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corporation (FDIC), Financial Industry Regulatory Authority (FINRA), and other state and federal regulators.
• Represented community bank in bad faith coverage litigation against D&O insurer in connection with board demand and shareholder litigations against company and directors and officers.
• Negotiated full recovery, including coverage counsel fees, for community bank in insurance coverage claim under financial institution bond policy arising from employee-misdirected funds from customer accounts.
• Represented current and former Fortune 50 bank executives in securing Side-A D&O coverage in connection with multiple government investigations.
• Advise bank on D&O coverage issues in securing defense and indemnity coverage in connection with trade secret litigation, third-party subpoenas issued in dispute with former employees, investor demands related to capital raise, and employment claims.
• Counseled large financial services company on cybersecurity and data breach coverage issues.
• Advised private equity firm on coverage under general liability and commercial auto insurance policies for personal injury lawsuit brought against various portfolio companies.
• Advised international bank on D&O coverage issues in connection with foreign investments.

White Collar Defense and Internal Investigations

• Represented consulting firm in securing coverage and reimbursement for legal fees incurred in defending against investigation by the US Department of Justice.
• Advised former officer on insurance issues under professional liability policy in connection with grand jury subpoena and government investigation.

M&A

• Perform due diligence reviews of insurance documents in deals and advise on scope of coverage afforded under legacy insurance programs for various pre- and post-closing claims or potential claims.
• Negotiate, procure, and modify runoff/tail D&O coverage for acquired entities and advise deal lawyers and stakeholders on related insurance, indemnification, and pre- and post-transaction risk management issues.
• Secured coverage under private equity D&O policy for lawsuits alleging fraud, securities violations, and breach of representations and warranties brought by purchasers against private equity firm and affiliates arising from transaction under securities purchase agreement.
• Advised electrical equipment company on claims under representation and warranty policy arising from environmental liabilities and breach of purchase agreement.

Energy

• Advised Fortune 500 US electric utility holding company in eight-figure recovery under D&O policy for claims made against the company and officers and directors associated with spinoff transaction.
• Counseled global solar manufacturer on D&O coverage issues in appellate proceedings.
• Advised public utility company in recovering defense and indemnity coverage as additional insured in connection with commercial property fire.
• Counseled biofuel energy company on D&O coverage issues in connection with lawsuit alleging contract and fiduciary duty claims arising from failed sale of company following bankruptcy.
• Advised oil and gas company in D&O policy placement and related loss mitigation issues.

Bankruptcy, Restructuring and Creditors’ Rights

• Secured coverage under private-equity and portfolio-company D&O policies for lawsuit brought by bankruptcy trustee for fraudulent transfer, breach of fiduciary duty, and other equitable and injunctive remedies against numerous investment vehicles, holding companies, and operating entities.
• Analyzed coverage under D&O and management liability policies related to change in control, asset sales and anticipated reorganizations for entities contemplating bankruptcy.
• Negotiated tail coverage and advised energy services company, directors, and private equity investors on D&O coverage issues in connection with potential claims arising out of bankruptcy proceedings.
• Advised midstream energy company and executive on D&O coverage issues in connection with unsecured creditors committee claims for asset transfers, conflicts of interest, and executive compensation.
• Performed policy review and assisted chemical company litigation and creditors’ trust with securing D&O coverage.

Retail

• Represented multinational food and beverage company in connection with COVID-19 losses under property and trade name restoration policies.
• Advised electronics manufacturing company on D&O coverage for wrongful termination lawsuit.
• Counseled Fortune 500 retailer with respect to insurance coverage arising from alleged trademark infringement and related personal and advertising injury claims.

Recall

• Represented multinational agri-business commodity trader and consumer packages goods supplier on insurance recovery for alleged contamination due to mislabeling of shipments under commercial liability, umbrella, and excess liability policies.
• Secured anti-suit injunction against customer’s state court action in favor of client’s prosecution of breach claims under supply agreements arising from alleged product contamination incident.
• Advised client on insurance recovery under recall policy for alleged product dispute regarding country of origin mislabeling.
• Represented client in investigation and defense of subrogation claim, coordination of indemnity obligations under vendor agreements, and pursued insurance recoveries under various liability policies for claims asserted in connection with alleged product contamination by downstream customers.

Arbitration/Litigation

• Secured complete defense verdict in client’s favor as second-chair at trial involving insurance coverage dispute between policyholder, general liability insurer, and insurance broker.
• Represented construction contractor in connection with declaratory judgment action filed by insurer in connection with bodily injury lawsuit and securing both defense and indemnity coverage resulting in resolution of underlying claims.
• Defeated all claims asserted in insurance coverage dispute between insurer and broker following multi-day arbitration proceeding.
• Litigated insurance claims on behalf of a metals recycling company to resolve disputed losses under crime policy arising from employee fraud.
• Represented bank in defending against insurer’s declaratory judgment lawsuit seeking to extinguish obligations under D&O policy in connection with alleged contract, fiduciary duty, consumer protection, and fraud claims, resulting in favorable settlement.
• Secured anti-suit injunction for client in litigation arising from contamination and FDA recall incidents.
• Represented government contractor in arbitration asserting claims for insurance coverage under D&O policy for insurer’s bad faith refusal to reimburse fees in connection with government investigation.

• Recommended for Insurance: Advice to Policyholders, Legal 500 United States, 2023-2024
• Recommended, Who’s Who Legal Global Guide: USA - Professional Negligence, 2022-2023
• Selected as a Rising Star for Insurance Coverage, The Washington Post Magazine, 2015-2021

• Co-Chair, American Bar Association Business Law Section Director and Officer Liability Committee (2023-2026); Vice Chair (2020-2023)
• Member, Law360 Insurance Authority Specialty Lines Editorial Advisory Board (2022)
• Member, Boston Bar Association
• Member, American Bar Association Section of Litigation, Insurance Coverage Litigation Committee
• Member, The Fellows of the American Bar Foundation
• Former Member, Young Lawyers Network Leadership Council, DC Bar Foundation