Hot Topics in Representation & Warranties Insurance

Representation and warranties (R&W) insurance policies, a form of transactional liability insurance coverage traditionally covers breach of contract claims in mergers and acquisitions. As R&W insurance moves beyond the private equity world, attorneys should familiarize themselves with the various types of coverage, and common issues that clients encounter when pursuing or defending claims under these policies.

This program, taught by Carrie Maylor DiCanio of Anderson Kill, will review the essential points that attorneys should understand about R&W insurance in order to advise their clients on best practices regarding R&W policies and defending claims. This includes understanding the types of available coverage, pitfalls to avoid in purchasing the insurance, and top claims issues, including valuation of loss, the claim investigation process, and litigation essentials, in the event that a coverage dispute does develop.

Learning Objectives:

1. Review the types of R&W coverage available for companies to limit liability in complex transactions
2. Discuss common pitfalls in litigating R&W based claims
3. Advise clients on best practices for purchasing, selling, or litigating R&W claims