News & Analysis as of

Warranty Insurance

Amundsen Davis LLC

Indemnification Escrow Accounts – What Are They and How Should They Be Used?

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Parties to business acquisitions use indemnification clauses to provide security for harm that may result following the closing of the transaction. Indemnification obligations require one party to compensate the other for...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

Ward and Smith, P.A.

Be Sure to Insure: 10 Types of Business Insurance Coverage to Consider

Ward and Smith, P.A. on

When it comes to protecting your business, having the right insurance coverage is crucial, but how do you know what types of coverage you need? The first step is understanding some of the key different types of insurance...more

Goodwin

Cross-Border Transactional Risk Insurance

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As buyers seek acquisition opportunities worldwide, they often encounter sellers resistant to accepting meaningful (if any) liabilities for potential pre-closing exposures, causing buyers to look to the insurance market for...more

Wiley Rein LLP

Warranty Exclusion Bars Coverage for Demand Letter Referencing SEC Lawsuit Alleging Fraud by Insured Prior to Warranty Date

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The U.S. Court of Appeals for the Ninth Circuit, applying Nevada law, has held that a policy’s warranty exclusion bars coverage for a demand letter alleging that the insured was on notice of fraud by the named insured’s...more

Woodruff Sawyer

FAQs on the Q3 2023 Reps & Warranties Insurance

Woodruff Sawyer on

Given the current state of the market, deal flow is down and, therefore, so is the number of submissions getting sent to representations and warranties insurance (RWI) underwriters. Underwriters are poised to strike when the...more

Woodruff Sawyer

Guide to Representations & Warranties Insurance - 2023 Edition

Woodruff Sawyer on

The use of representations and warranties insurance (RWI or R&W) has become increasingly mainstream; it is used in an estimated 75% of private equity transactions and 64% of the time by larger strategic acquirers. Woodruff...more

Latham & Watkins LLP

Avoiding Buyer’s Remorse in M&A Deals

Latham & Watkins LLP on

Changing market dynamics have led buyers to assess available options to address post-closing target company issues. Amid the buoyant market of 2021 and early 2022, compressed deal timelines and frenzied competition...more

Latham & Watkins LLP

W&I Insurance: Hard Staple, Hard Sell?

Latham & Watkins LLP on

Warranty and indemnity insurance may remain a staple of European private equity, but are buyers changing course? Warranty and indemnity (W&I) insurance has become an important component of European PE transactions in...more

Wiley Rein LLP

Warranty Letter Bars Coverage for Claim Against Chief Legal Officer Arising From CEO’s Alleged Fraud

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The United States District Court for the District of Nevada, applying Nevada law, has held that a warranty letter executed by the insured’s CEO prior to the issuance of an excess D&O policy barred coverage for a claim made...more

Lippes Mathias LLP

Top 5 Trends – Representation and Warranty Insurance for M&A Transactions

Lippes Mathias LLP on

Our Mergers & Acquisitions / Private Equity Team recently attended Marsh’s panel on its 2021 Global Trends Report on transactional risk. Consistent with what we have seen in the market, industry experts confirmed that an...more

Hogan Lovells

Warranty and indemnity insurance – "do"s and "don't"s

Hogan Lovells on

Warranty and indemnity insurance (W&I) in recent years has become a customary aspect of private equity and other M&A transactions, with investors well aware of the deal-enabling benefits (in particular, the transfer of risk...more

Morrison & Foerster LLP

MoFo Asia Buyouts Report: Update On Deal Terms – III. Escrow

Morrison & Foerster LLP on

We looked at 28 deals across Asia that were signed or closed pre-COVID in which the buyer or a group of affiliated buyers acquired all or a significant majority of the outstanding equity of the target, examined the common key...more

McDermott Will & Emery

Mind the Gap: Strategies for Addressing the Valuation Gap in European M&A Deals During and After COVID-19

McDermott Will & Emery on

In a climate where there are so many unknown factors challenging valuation methodologies, we explore a number of mechanisms that European dealmakers may consider during the Coronavirus (COVID-19) pandemic in order to bridge...more

Barnea Jaffa Lande & Co.

Israeli M&A players take note, the Warranty & Indemnity (W&I) Insurance market has matured

We have seen continued increase in the use of W&I insurance, particularly in Private Equity backed deals, and across the spectrum of transaction sizes. Insurance limits placed globally by Marsh in 2019 grew by 51% from 2018,...more

Holland & Hart LLP

Is Now a Good Time to Acquire a Business? Opportunities and Risks for Buyers in the Era of COVID-19

Holland & Hart LLP on

The long seller’s market may be over, which is welcome news for many companies that are eager and able to acquire or expand a business. Many businesses and business owners have struggled mightily under the COVID-19...more

Latham & Watkins LLP

Minimising and Mitigating Risk in M&A - Trusted Tools and New Solutions

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In a complex and competitive market, minimising and mitigating risk in M&A is a key concern for deal teams. High demand for assets saw strong deal volumes and values in 2019, following a standout year in 2018. The search for...more

Faegre Drinker Biddle & Reath LLP

A Failure of Leakage Linkage: The District of New Jersey Sinks a Proposed Class Action under Tennessee and California Laws over...

A New Jersey federal judge recently applied Tennessee and California law in dismissing a proposed class action concerning allegedly leaky water heater sensors/valves (valves) made by Honeywell International Inc. The decision...more

Williams Mullen

[Webinar] The Intersection of Rep & Warranty Insurance and Delayed Closings - December 10th, 11:00 am ET

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Join Williams Mullen Partners Jon Bliley and Hal Johnson as they discuss the issues that may arise should you face a transaction with a delayed closing where a rep and warranty policy is the buyer’s sole source of...more

Hogan Lovells

Warranty and Indemnity Insurance - The practice behind the promise (How to make an effective claim)

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Current W&I Insurance Market: Burgeoning market and growing claims experience - Private equity investors are well aware of the deal-enabling benefits of warranty & indemnity insurance ("W&I"). ...more

Hogan Lovells

Warranty and Indemnity Insurance - The practice behind the promise

Hogan Lovells on

Global mergers and acquisitions transactions hit $3.5 trillion in 2018 making it the third-largest year on record for M&A by value. Within the private equity and real estate investment worlds, the insatiable appetite for...more

Latham & Watkins LLP

Corporate Buyers Poised to Reap W&I Insurance Benefits

Latham & Watkins LLP on

Warranty and indemnity insurance (W&I) has become a common feature of European transactions in recent years, amid a strong sellers’ market that has enabled vendors to offload risk to buyers. According to the most recent...more

Latham & Watkins LLP

Private Equity Buyers Poised to Reap W&I Insurance Benefits

Latham & Watkins LLP on

Warranty and indemnity insurance (W&I) has become a common feature of European transactions in recent years, amid a strong sellers’ market that has enabled vendors to offload risk to buyers. According to the most recent...more

Pillsbury - Policyholder Pulse blog

Insurance Applications and Warranty Statements: Give Them the Attention They Deserve

With few exceptions, an application or warranty statement is an essential document to secure insurance coverage, and can actually possess great power to determine or limit coverage. Insurers may seek renewal applications or...more

Latham & Watkins LLP

Recent Developments in the W&I Insurance Market

Latham & Watkins LLP on

Increased competition among insurers and improved policy terms suggest the W&I insurance market is becoming more favourable to investors. In real estate transactions, buyers and sellers naturally pursue conflicting...more

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