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Insurance Industry › Acquisitions › Policy Terms

Wiley Rein LLP

Third Circuit: Changes in Exposure Provision Bars Coverage for Pre-Merger Liabilities

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In a win for Wiley’s client, the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, affirmed judgment on the pleadings in favor of a group of insurers on the ground that a Changes in Exposure...more

Woodruff Sawyer

R&W Insurance: What to Know About Sell-Side Policies

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We’ve recently received a handful of inquiries regarding the placement of sell-side reps and warranties insurance (RWI) policies. Given the relative rarity of these policies compared to their buy-side counterparts, we felt a...more

K&L Gates LLP

RWI in Health Care M&A: Part 2

K&L Gates LLP on

In part two of this two-part series, Matt Miller and Andrew Lloyd analyze represenmarket.tations and warranties insurance (RWI) in the health care M&A -2landscape. They discuss the process of finding and securing an...more

A&O Shearman

Mistake: Sometimes all it takes is one letter...

A&O Shearman on

The Court of Appeal has found that an alleged typo in a warranty and indemnity insurance policy did not amount to an obvious mistake. As a result, the insurance did not cover the claimed breach of warranty....more

DarrowEverett LLP

Title Insurance or Not, Don’t Dismiss the Value of Title Search

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For those of you who question whether an owner’s policy of title insurance is a waste of money, please remember that examining title is still an essential component of due diligence investigations. Real estate investments are...more

Cooley LLP

Representation and Warranty Insurance for M&A Deals: Cooling Market and Emerging Trends

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While representation and warranty (R&W) insurance continues to be used across a broad range of M&A transactions, its use has cooled as dealmakers navigate challenging market conditions. Even for deals that are getting done, a...more

Woodruff Sawyer

The Impact of Underlying Insurance Policy Types on Reps and Warranties Insurance and M&A

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Most forms of insurance fall into one of two categories: claims-made or occurrence-based. This distinction is crucial when you are acquiring a new company and deciding how best to merge the target’s existing insurance...more

Miller Nash LLP

[Webinar] Cannabis, Insurance, and Risk Management: Tools to Prevent Loss and Make Insurance a Profit Center - March 29th, 12:00...

Miller Nash LLP on

Cannabis operators and ancillary service providers face mounting losses and liabilities from theft, cyber-attacks, natural disasters, product recalls, text marketing, and employment wage and hour issues. In 2022, risk...more

Latham & Watkins LLP

W&I Insurance: Exclusions and Solutions for Private Equity

Latham & Watkins LLP on

How can deal teams capitalise on the latest trend in the deal insurance market to improve bid success? The emergence of contingent risk insurance policies, which address known risks that would otherwise be excluded from...more

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