Three Critical LenderTech Insurance Gaps
- Steven Barge-Siever, Esq.
- Apr 26
- 3 min read
Updated: May 25
Key Insurance Gaps for LenderTech Companies
(And Why Specialized Coverage Matters)
Introduction
Lender-focused fintechs face complex, technical insurance risks that are often misunderstood (and underinsured) by standard startup policies. This guide highlights the three most critical gaps we commonly see in D&O and Tech E&O insurance for LenderTech companies: lender liability exclusions, regulatory sublimits, and restricted attorney selection.
If your company originates loans, uses proprietary credit models, partners with banks, or operates under regulatory oversight, understanding these gaps is critical to protecting your business.
Three Critical Coverage Gaps for LenderTechs
1. Lender Liability Coverage: Often Excluded
What It Is: Lender liability refers to lawsuits or regulatory actions arising from alleged misconduct in loan origination, servicing, or collections.
If your company interacts with borrowers (directly or through partners) you can be held liable for issues like:
Misleading loan terms
Servicing errors
Unfair or deceptive collection practices
Why It Matters:Many standard D&O and Tech E&O policies exclude borrower-facing risks unless lender liability coverage is specifically added. It doesn't matter if you use partner banks, fintech servicers, or outsource collections - regulators and plaintiffs will treat your company, and your board, as responsible if something goes wrong.
Bottom Line: If you're touching the borrower experience, you need lender liability coverage.Technical structures won't shield you from regulatory enforcement or borrower litigation.
2. Regulatory Coverage: Capped by Sublimits
What It Is: Regulatory coverage indemnifies the company and executives against defense costs, investigations, and settlements tied to actions from agencies like:
CFPB (Consumer Financial Protection Bureau)
FTC (Federal Trade Commission)
SEC (Securities and Exchange Commission)
State Attorneys General
Why It Matters: For LenderTechs, regulatory claims often involve:
Alleged violations of lending laws
Consumer protection statutes (like UDAAP)
Data privacy issues
Discriminatory lending algorithms
Yet most D&O policies cap regulatory claim coverage with low sublimits - often $250K to $500K, even if the overall policy limit is several million.
Bottom Line: Facing a CFPB or FTC action with only a few hundred thousand dollars of defense coverage can leave your company dangerously exposed.
Regulatory investigations are among the most serious risks LenderTechs face - and most startup policies don't automatically cover them fully.
Try
Regulatory Sublimit
A regulatory sublimit is a lower cap within your D&O policy that specifically limits how much coverage you have for regulatory investigations and actions.
Example:
You buy $3M of total D&O coverage.
But your regulatory claims sublimit is only $250K–$500K unless negotiated otherwise.
Without attention to sublimits, companies risk feeling fully insured but being dangerously underprotected when the real claims hit.
3. Defense Costs: Limits on Attorney Selection
What It Is: When a regulatory investigation or serious litigation hits, having the right defense counsel is critical.Top-tier regulatory defense firms charge $1,500–$2,000 per hour - and early-stage defense work can shape the entire outcome of an enforcement action.
Why It Matters: Many insurers include panel counsel requirements in D&O policies.This means:
You must select legal defense from a pre-approved list of firms.
Non-panel firms require special approval - or are outright restricted.
While panel firms may be sufficient for basic claims, complex regulatory investigations often require highly specialized counsel with direct agency experience.
Conclusion: Don’t Wait to Find Out the Hard Way
For LenderTech companies, regulatory risk isn’t theoretical - it’s a matter of when, not if. From CFPB actions to borrower litigation, the stakes are high and the policies designed for generic tech startups won’t cut it.
Your insurance needs to do three things:
Cover lender liability outright - not exclude it.
Remove regulatory sublimits - or raise them meaningfully.
Give you control over your defense - including pre-approving elite regulatory counsel.
Upward Risk Management
When expertise isn't optional.
At Upward Risk Management, we specialize in structuring coverage that actually protects you when it matters not boilerplate policies that quietly fail under pressure.
If you’re building a LenderTech platform (or backing one) we can help ensure the insurance is built for the real risk.
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