mergers and acquisitions private equity firms Related: 'Alternative' market players are here to stay

1. Most R&W insurance is purchased by buyers

liability coverage Related: Post-acquisition insurance agency and brokerage compliance

2. Coverage is triggered by seller's breach

Related: Recent wave of securities class actions poses challenges for D&O insurers

3. First-party R&W claims focus on buyer's loss

Related: Geico hit with $2M post-apportionment award in bad faith suit

4. Notice and cooperation provisions are significant

attempt to misuse applicable time limitations Related: Why insurers, reinsurers should care about silent risk exposures

5. Claims disputes are frequently resolved via arbitration

alternative dispute resolution arbitration of insurance claims Related: Choosing mediation over litigation

Be prepared to evaluate policies

William G. Passannante, the co-chair of Anderson Kill's insurance recovery group, is a nationally recognized authority on policyholder insurance recovery. He can be reached at (212) 278-1328 or wpassannante@andersonkill.com. Carrie Maylor DiCanio is a shareholder in the New York office of Anderson Kill and co-chair of the firm's Women's Network. She can be reached at (212) 278-1046 or cdicanio@andersonkill.com. This article was first published on Anderson Kill's website and is republished here with permission.

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