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Eric Jesse

Partner

New York / New Jersey
T: +1 973.597.2576 F: +1 973.597.2577 ejesse@lowenstein.com
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For over a decade, Eric Jesse has advised corporate policyholders on an array of insurance issues in mergers and acquisitions, claim disputes with insurers, and the placement and renewal of insurance programs. In particular, Eric has deep experience with several niche specialty policies:  representations and warranties (R&W) insurance, directors and officers (D&O) policies, and cyber insurance.

Eric is an R&W insurance specialist, and he brings his expertise to private equity and strategic buyers’ deals.  He advises buyers on the selection of an R&W insurer – because they are not all created equal – and on the nuanced intersections between R&W policies and purchase agreements.  Then, Eric negotiates R&W policy terms and conditions, narrows or eliminates deal-specific exclusions, and ensures a smooth underwriting process so that R&W insurance is a step ahead of the deal timeline.

Eric also counsels policyholders on their D&O and cyber insurance programs.  When clients need to understand or enhance their coverage, Eric reads their insurance policies from “cover to cover.”  Because of his deep awareness of the market and caselaw developments, Eric can guide clients to the policy enhancements that can pay dividends when a claim is presented.

When his policyholder-clients have encountered – as they inevitably do – insurers that refuse to pay claims, Eric has recovered hundreds of millions of dollars in insurance proceeds on their behalf.  Eric has resolved claims under a host of policies, ranging from R&W policies to D&O policies to cyber policies, and he has defeated the assortment of coverage defenses that insurers have presented.  To get insurers to pay, Eric focuses on the strategic issues and actions necessary to win, while working to avoid the distractions that can pervade claim disputes.

Eric has also handled multiple pro bono matters through the Lowenstein Center for the Public Interest. Eric is proud to have helped six unaccompanied immigrant minors – who faced abuse and violence in their home countries – obtain permanent residency in the United States.

  • Represented Cloudmed, a New Mountain Capital portfolio company and leader in Revenue Intelligence™ solutions for healthcare providers, in its acquisition of par8o, an innovative healthcare technology company specializing in 340B and patient referral management technology for healthcare providers.
  • Successfully represented a private equity investor in an R&W insurance claim and secured, without the need for arbitration, an eight-figure recovery. The R&W claim was based on the seller’s breach of a financial statements representation.
  • Currently representing a strategic buyer in an R&W insurance claim involving a multiplied damages recovery caused by the loss of a material contract.
  • Advises numerous private equity and strategic buyers on R&W insurance matters in mergers and acquisitions, and has placed hundreds of millions of dollars in R&W insurance policy limits.
  • Represent Mist Pharmaceuticals, LLC in an ongoing coverage litigation against Berkley Insurance Company (Berkley). We secured partial summary judgment reestablishing Berkley’s duty to defend Mist in an investor lawsuit pending in Delaware. Mist was awarded the full amount of the firm’s litigation fees and costs.
  • Successfully represented a group of employee benefit plans in recovering under their former financial advisor’s crime policy following the advisor’s theft of plan funds.
  • Successfully represented a corporate policyholder conducting environmental cleanups at 30 sites across the country in the recovery of millions of dollars under historic general liability policies.
  • Achieved a defense verdict following a trial in Federal Court in Idaho for a manufacturing client who was sued by the United States for purported CERCLA violations.
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Education

  • George Washington University Law School (J.D. 2009), with honors

    George Washington University Columbian College of Arts & Science (B.A. 2006)

Admissions

  • New York
  • New Jersey

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