mergers and acquisitionsprivate equity firmsRelated: 'Alternative' market players are here tostay
1. Most R&W insurance is purchased bybuyers
liability coverageRelated: Post-acquisition insurance agency and brokeragecompliance
|2. Coverage is triggered by seller'sbreach
Related: Recent wave of securities class actions poseschallenges for D&O insurers
|3. First-party R&W claims focus on buyer'sloss
Related: Geico hit with $2M post-apportionment award in badfaith suit
|4. Notice and cooperation provisions aresignificant
attempt to misuseapplicable time limitationsRelated: Why insurers, reinsurers should care about silentrisk exposures
|5. Claims disputes are frequently resolved viaarbitration
alternative dispute resolutionarbitration of insurance claimsRelated: Choosing mediation over litigation
|Be prepared to evaluate policies
William G. Passannante, theco-chair of Anderson Kill's insurance recovery group, is anationally recognized authority on policyholder insurance recovery.He can be reached at (212) 278-1328 or [email protected]. Carrie Maylor DiCanio is a shareholder in the NewYork office of Anderson Kill and co-chair of the firm's Women'sNetwork. She can be reached at (212) 278-1046 or [email protected].This article was first published onAnderson Kill's websiteand is republished here withpermission.
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