Cyberattacks have, unfortunately, become commonplace and only show signs of increasing. As demonstrated by the recent Colonial Pipeline and JBS attacks, ransomware attacks, in particular, are increasing (in terms of both...more
Continuing the discussion about representations and warranties insurance (RWI) from last week’s episode, Lynda, joined by Eric Jesse, Partner in Lowenstein’s Insurance Recovery Group, and Emily Maier, Senior Vice President...more
Popular in the M&A world, representations and warranties insurance (RWI), is now more than just a way for buyers to stand out in an auction process, but a requirement to stay competitive within it. In today’s episode, Lynda...more
Companies should routinely assess their directors and officers (“D&O”) insurance policies to ensure they maximize coverage for business-specific and ever-evolving risks. This exercise is also important when the policyholder...more
Insurance can be a valuable business asset, but a key step to securing coverage in the face of a claim is to provide prompt and broad notice to insurers. In the event of a claim, insurers will consider whether they can deny...more
As we approach the one-year anniversary of COVID-19-related closures and losses, policyholders should assess whether they need to commence a coverage lawsuit against their property and business interruption insurers to...more
As corporate policyholders prepare for another round of directors’ and officers’ (D&O) insurance renewals in a COVID-19 environment, a hardened D&O market, and a difficult economic climate, here are five tips to consider:.....more
As reported by Bloomberg and other news outlets, a major cyber security intrusion attributed to Russian state hackers, known by the nicknames APT29 or Cozy Bear, has sent cybersecurity experts into emergency mode as they work...more
The past decade’s robust mergers and acquisitions volume sparked the rapid growth of representations and warranties (R&W) insurance. This coverage provides protection from losses due to a seller’s breach of representations in...more
Recently, a California state court expanded a “bump up” exclusion in excess D&O policies to bar coverage for a settlement of a shareholder class action lawsuit against Onyx and its directors and officers. The shareholders...more
It requires time and effort on the part of policyholders, but claims under representation and warranties (R&W) insurance policies do, in fact, get paid.
That was one of the top findings from a new survey report by national...more
For several years, buyers and sellers in M&A deals have been turning to representations and warranties (R&W) insurance to allocate risk–and they continue to do so during these unprecedented times. Yet, despite the increasing...more
Do Reps and Warranties Insurers Pay Claims? Yes–With Caveats, New Survey Finds-
During the last decade, intense deal activity spurred the growth of R&W insurance–an alternative risk-transfer mechanism to indemnify buyers...more
Many companies are focused on their business interruption coverage in the face of coronavirus disease 2019 (COVID-19). But they must not let management liability insurance be a blind spot. Companies that are renewing their...more