Tailoring insurance to protect transactions and contingent risks

Parties to business transactions frequently seek to protect themselves against specific financing, litigation and transactional risks through insurance. The types of insurance to protect business’s interests and risks in M&A is growing: Insurance for breaches of contractual representations and warranties have become increasingly common, both for buyers and sellers. Standard-form policies may provide coverage for … Continue Reading

Reps & Warranties Insurance Case Highlights the Need for New Expertise and Old-Time Common Sense

By Kit Chaskin on 17 May 2017 Posted in Corporate and Transactional Insurance Coverage, D&O, E&O, Professional Liability, Insurance Coverage, Insurance General

A rare lawsuit concerning coverage under a reps & warranties policy presents two issues of interest to M&A lawyers: If the insured under a reps & warranties insurance policy fails to obtain the insurer’s consent to a settlement, coverage for that settlement is forfeited, even if the settlement was “panicked” and on a short timeframe. … Continue Reading

‘Sorry, But You Have Nothing in Common’: The New York Court of Appeals’ Recent Rejection of the ‘Common Interest Doctrine’ Outside the Context of Litigation

By Jay M. Levin, Ann Kramer, Andy Moss, Anthony B. Crawford, Patrick T. Rowe and Ryan A. Green on 22 June 2016 Posted in Commercial General Liability, Corporate and Transactional Insurance Coverage, Cyberliability, D&O, E&O, Professional Liability, Insurance General, Insurance News of Note

The New York Court of Appeals, the state’s highest court, recently rejected an attempt to apply the “common interest doctrine,” an exception to the general rule that communicating privileged information to a third party waives the attorney-client privilege, to situations where separately represented parties communicate attorney-client privileged information in connection with transactions or other circumstances … Continue Reading