Neil B. Posner
Neil successfully counsels his clients on the complexities of buying and maintaining insurance, and using insurance as part of an overall risk-management program. Chair of the firm’s Policyholders' Insurance Coverage group, Neil focuses on insurance recovery and dispute resolution, risk management, loss prevention and cost containment. His clients include public and private companies, organizations, boards of directors, individual officers and other policyholders.
Neil is an elected Fellow of the American College of Coverage Counsel, the preeminent association of approximately 300 U.S. and Canadian lawyers who practice in the area of insurance coverage. Neil is one of approximately 150 Fellows who represent the interests of policyholders. He also currently serves as co-chair of the organization’s Professionalism and Ethics Committee.
“In my experience, clients want solutions to their insurance problems, not more litigation. So we try to solve their insurance problem with creativity, and with an eye on the economics.”
Neil assists clients in analyzing, negotiating and enhancing a wide range of insurance policies
and plans, including, for example:
- Directors’ and Officers’ Liability
- Errors and Omissions/Professional Liability
- Employment Practices Liability
- Fiduciary Liability
- Bankers Professional Liability and Financial Institution Bonds
- Cyber Liability, E-Commerce and Privacy Risks
- Commercial Property
- Intellectual Property Insurance
- Construction Insurance
- Transportation, Transportation Broker and Contingent Cargo Liability
In addition to counseling clients with regard to ongoing and future insurance requirements, Neil helps policyholders resolve all types of insurance coverage disputes, through negotiation, litigation and other forms of dispute resolution, including mediation, arbitration and settlement.
He has successfully obtained insurance coverage for defendants involved in a variety of class
actions and other complex lawsuits. For example, when the former CEO of a bankrupt Chicago area public company was named in a shareholder class action brought by the bankruptcy estate—alleging securities fraud and breach of fiduciary duty, and seeking to recover damage claims
totaling nearly $400 million—Neil helped his client obtain effective insurance coverage.
He regularly counsels boards of directors and officers of not-for-profit entities in matters of governance, fiduciary duty, strategic planning, leadership development and other matters.
Neil also practices extensively in the area of lawyer’s professional liability, which includes counseling lawyers and law firms on professional responsibility and ethics matters. He has served as an expert witness in this area, and he speaks and writes extensively on the subject.
Neil also has significant insurance and risk management experience in the construction industry. On the transactional side, Neil is well-versed in the full range of construction-related insurance policies, including CGL, workers' compensation, professional liability, wrap up (OCIP and CCIP), builder's risk, owner's protective, subcontractor default, project specific, green building, technology risk and cybersecurity. On the disputes side, he represents owners, contractors, subcontractors and other types of insureds in claims for design errors, construction and engineering defects, catastrophic loss, and claims and losses directly or indirectly related to construction.
As a regular speaker at industry and legal seminars around the country—and author of articles and educational materials for dozens of conference training sessions—Neil has given presentations on issues as diverse as securities litigation, directors’ and officers’ insurance, change-of-control situations, errors and omissions insurance, non-traditional insurance options, cyber liability, the Sarbanes-Oxley Act, negotiating policy provisions and considerations, maximizing insurance coverage, recovering e-commerce and Internet claims, and directors’ and officers’ liability in consumer class action matters. Neil has also taught insurance law at Chicago-Kent College of Law.
While in law school, Neil earned awards for achieving highest grades in Legal Writing and Research, Federal Income Taxation of Corporations and Shareholders, and Business Bankruptcy. He also served as Lead Articles Editor for the Marquette Law Review.
- American College of Coverage Counsel, Fellow and Co-Chair of the Professionalism and Ethics Committee
- American Bar Association, Center for Professional Responsibility CLE Committee
- American Bar Association Section of Litigation, Insurance Coverage Litigation Committee and Co-Chair of the Ethics and Professionalism Subcommittee
- American Bar Association Business Law Section
Neil serves as General Counsel of Children’s Oncology Services, Inc., a not-for-profit charitable organization that provides camp experiences and other education and excursion programs that allow children with cancer to just be kids. He also serves as Chairman of the Board of Directors of Jewish Child & Family Services, which provides help, healing and caring services throughout the Chicagoland community. Additionally, Governor Pat Quinn appointed (and the Illinois Senate confirmed) Neil to serve on the Quality Care Board of Illinois, which monitors and oversees the operations, policies and procedures of the Office of Inspector General for the Illinois Department of Human Services.
A trained classical pianist, Neil performs frequently with the Chicago Bar Association Symphony Orchestra and elsewhere.
Insights & Events
- Leading Lawyers Network, Insurance, Insurance Coverage & Reinsurance Law, 2007-2018
- Illinois Super Lawyers, 2006, 2018