Neil Posner

Practice Areas

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 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.

In addition to counseling clients regarding 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 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.

Professional Memberships

Neil is an elected fellow of the American College of Coverage Counsel, the preeminent association of approximately 385 U.S. and Canadian lawyers who practice in the area of insurance coverage. Neil is one of approximately 160 fellows who represent the interests of policyholders. He also currently serves as co-chair of the organization's Professionalism and Ethics Committee.

Neil is a member of the American Bar Association's Section of Litigation, Insurance Coverage Litigation Committee, co-chair of the Ethics and Professionalism Subcommittee, and member of the Center for Professional Responsibility CLE Committee.

Publications

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.

Personal

Neil serves as general counsel of several nonprofit organizations, including Children’s Oncology Services, an organization that provides camp experiences and other education and excursion programs that allow children with cancer to just be kids, and BBYO Inc., an organization that provides leadership training and skills to teenagers around the world. He also serves as immediate past chairman of the Board of Directors, chairman of the Governance Committee, and general counsel of Jewish Child & Family Services, which provides help, healing, and caring services throughout the Chicagoland community.

Additionally, during the administration of Governor Pat Quinn, the governor appointed 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.

Experience

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

Education