The hedge funds we underwrite are typically either private offshore vehicles set up in the Cayman Islands/British Virgin Islands/Guernsey or listed funds, generally on the Irish Stock Exchange. In both cases, they will have a board of directors along similar lines to investment trusts.
In many cases, directors of these funds are less likely to be entirely independent of the hedge fund manager and as such D&O coverage is sought for both fund and manager directors.
Like investment trusts, the directors of the fund are responsible for overseeing the delegation of the duties and functions associated with hedge funds to the various third parties involved. These are the hedge fund manager, the prime broker and the administrator.
Investment Trusts are listed vehicles typically with a board of four or five independent non executive directors who outsource the management of the funds to an investment manager. These are long only funds and there are set rules and criteria laid down by the AIC (Association of Investment Companies) on what investments can and cannot be made as well as Corporate Governance. With a base of retail investors rather than institutional investors, the regulatory environment is rigorous.
We understand these risks well and are not afraid to underwrite them despite a challenging economic environment.
We have a specific product offering for private equity companies covering both the personal liability of the directors & officers of such companies as well as the company for professional negligence. The policy will also protect the directors or officers where they hold positions on the boards of portfolio companies.