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Hunton Andrews Kurth LLP

Geoffrey B. Fehling

Geoffrey B. Fehling

Counsel

Expertise

  • Insurance Coverage
  • Litigation
  • Securities Litigation and SEC Enforcement
  • Cyber Insurance

WSG Practice Industries

Activity

Profile

Geoff is an experienced litigator and advocate who helps policyholders maximize the value of their insurance assets.

Geoff dedicates his practice to advising corporate policyholders and their directors and officers in complex insurance coverage matters, from placement of sophisticated insurance programs and policy reviews to claim advocacy through arbitration, litigation, trials, and appeals. As part of Hunton Andrews Kurth’s full-service insurance coverage practice, he works with clients to maximize insurance recoveries through policy analysis and audits, claims presentation and negotiation, alternative dispute resolution, and litigation.

Geoff regularly assists policyholders in a range of insurance coverage disputes involving directors’ and officers’ (D&O), errors and omission (E&O), and other professional liability claims, cybersecurity and data breaches, representations and warranties, employee theft and fidelity claims, government investigations, breach of fiduciary duty, environmental liabilities, and property damage.

He has particular experience advising private equity firms, portfolio companies, mutual funds, banks, and other companies in the financial sector. He works closely with in-house counsel and risk managers on insurance issues arising from corporate transactions, including structuring indemnity and insurance obligations, ensuring continuity of D&O and other critical coverages following asset sales, acquisitions, or other changes in control, and performing due diligence reviews.

In advising on complex D&O matters, Geoff leverages a valuable blend of experience in both insurance coverage and government investigations, having represented clients under investigation by the SEC and in connection with allegations of securities fraud, false claims, and money laundering/bank secrecy violations.

He has been selected as a Rising Star for Insurance Coverage by Washington, DC Super Lawyers magazine each year since 2015 and is a contributing author to the Hunton Insurance Recovery Blog.

In addition to his insurance coverage work, Geoff also has experience representing individuals and corporations in state and federal litigation, trials, arbitration, appeals, and mediation in a variety of business disputes, including professional liability, breach of contract, employee benefits, and business torts.

Geoff maintains an active pro bono practice and has assisted non-profits and other entities in resolving various insurance coverage and civil litigation claims. He is a member of both the DC Bar Foundation Young Lawyers Network Leadership Council and the Fellows of the American Bar Foundation and has served on the Screening Committee of the Mid-Atlantic Innocence Project.

During law school, he interned for the Honorable Emmet G. Sullivan of the US District Court for the District of Columbia and served as the Editor-in-Chief of the George Mason Law Review. He is admitted to practice in DC, Pennsylvania, and Massachusetts, as well as before the US Court of Appeals for the Third Circuit, the US District Court for the District of Columbia, and the US District Courts for the Eastern and Middle Districts of Pennsylvania.

Relevant Experience

Insurance Advice and Counseling

Financial Services

  • Counseled large financial services company on cybersecurity and data breach coverage issues.
  • 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.
  • Represented current and former bank executives in securing Side-A D&O coverage in connection with government investigations.
  • 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.
  • Advised private equity firm on coverage under general liability and commercial auto insurance policies for personal injury lawsuit brought against various portfolio companies.
  • Advised bank on D&O coverage issues arising from DOJ, OFAC, and OCC investigations.
  • Represented bank with respect to D&O claims arising from securities class action, SEC investigation, and merger challenge lawsuit.
  • Counseled hedge fund with respect to various insurance claims arising from Madoff-related investments.
  • Represented hedge fund and fund adviser with respect to claims arising from SEC investigation.
  • Advised hedge fund with respect to D&O/E&O and cost of corrections issues related to trading error.
  • Represented mortgage servicing company to defend claims alleging violations of Fair Housing Act related to loan modifications and reasonable accommodation practices.

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.
  • Counseled publicly-traded biopharmaceutical company with respect to D&O claims arising from various regulatory investigations.

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.
  • 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.
  • Negotiate, procure, and modify runoff/tail D&O coverage for acquired entities.
  • Represented telecommunications company with respect to insurance coverage claims arising from merger-related litigation.

Energy

  • 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.
  • 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.

Bankruptcy, Restructuring and Creditors’ Rights

  • 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.
  • Analyzed coverage under D&O and management liability policies related to change in control, asset sales, and anticipated reorganizations for entities contemplating bankruptcy.
  • Performed policy review and assisted chemical company litigation and creditors’ trust with securing D&O coverage.

Telecommunications

  • Represented multi-national telecommunications company on D&O coverage issues arising from multiple US and international government investigations, enforcement proceedings, and related proceedings.
  • Represented large telecommunications company with respect to various coverage claims arising from property damage claims and employment-related disputes.

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.
  • Advised restaurant group in connection with COVID-19 claims under property policies.

Arbitration/Litigation

  • 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.
  • Achieved complete defense award as first-chair at arbitration involving environmental remediation in disputed real estate transaction.
  • Defended insurance broker as second-chair at trial and appeal of professional liability claims involving procurement of property insurance.
  • Secured directed verdict in client’s favor as second-chair at trial involving insurance coverage dispute between policyholder, general liability insurer, and insurance broker.
  • Represented construction company in federal declaratory judgment and bad faith litigation involving claims under general liability and commercial auto policies.
  • 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.
  • Obtained complete defense award in insurance coverage dispute between insurer and broker as second-chair at multi-day arbitration proceeding.
  • Served as second-chair at arbitration hearing and defended related federal court litigation involving insurance claims for fire damage to manufacturing facility, resulting in favorable settlement for client.
  • Litigated insurance claims on behalf of metals and commodity company for breach and bad faith failure to pay proceeds under crime policy.
  • Coordinated internal investigations and led pro bono defense of lawsuits brought by former clients against DC non-profit social service agency, resulting in early dismissal of all claims.

Education

BA, Davidson College, 2006
Areas of Practice

Cyber Insurance | Insurance Coverage | Litigation | Securities Litigation and SEC Enforcement | Transactional Insurance

Articles

Restaurant Chain Seeks to Recover COVID-19 Losses Under Food Contamination Theory
Hunton Andrews Kurth LLP, June 2020

 A group of Las Vegas-based restaurants recently filed a class action lawsuit to recover business interruption damages against their insurer. The Egg Works chain alleged that U.S. Specialty wrongly denied their claims for financial losses stemming from the Nevada governor’s closure of non-essential businesses during the COVID-19 pandemic. The governor’s orders limited the restaurants to takeout and delivery service only...

Additional Articles

  • Insurance Mitigates Cyber-Related Risk, The American Oil & Gas Reporter
  • Insurers Win Series Against Lakers In TCPA D&O Shootout, Law360
  • Year in Review: Notable Insurance Coverage Developments of 2017!, Thomson Reuters Westlaw® 
  • Recall Roundup: October, National Law Review
  • 3 D&O Questions Regarding Event-Driven Securities Litigation, Law360
  • The Importance of Insurance Coverage for Commercial Drone Operations, Unmanned Aerial
  • D&O Insurance Issues Arising from the COVID-19 Crisis, The D & O Diary
  • Considering Disclosure Risks In Sensitive Product Recalls, Law360
  • Oehninger and Fehling: A Primer on Insurance Coverage for FCPA Claims and Investigations, The FCPA Blog
  • Cannabis coverage conundrum: Was this property claim doomed? Property Casualty 360°
  • Let’s Make a Deal: Four D&O Coverage Issues to Consider in M&A Transactions, Business Law Today
  • Protecting Delaware Insureds: Recent Decisions Highlight Importance of State Law, D&O Policy Provisions Governing Coverage, Forum, and Applicable Law, Business Law Today
  • Summary of 2014 Case Law Developments Under D&O and E&O Policies, FC&S Legal

Blogs

Hunton Insurance Recovery Blog
Hunton Andrews Kurth LLP 

Updates, Analysis and Breaking News for Commercial Policyholders

Pipeline Law
Hunton Andrews Kurth LLP 

Connecting You To the Flow of Latest News and Industry Information

The Nickel Report
Hunton Andrews Kurth LLP 

Trends and Developments in Energy and Environmental Law

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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