Howard Epstein and Theodore Keyes

Every now and then, an insurance product emerges that addresses risks in a manner that facilitates transactions such that the product becomes a regular part of the dealmaker’s toolkit. For example, just over a decade ago, representations and warranties insurance (RWI) policies were introduced and today these policies are a standard requirement in most M&A transactions.

While judgment preservation insurance (JPI) may not have the impact that RWI has had, the increasing popularity of JPI suggests that insureds are discovering that it is a very useful tool to mitigate risk.

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