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.
Carrie Maylor DiCanio is an attorney in Anderson Kill’s New York office and a member of the firm's insurance recovery and commercial litigation groups. Ms. DiCanio is co-chair of Anderson Kill's Women's Network.
Ms. DiCanio has recovered valuable insurance proceeds for corporate policyholders in state and federal courts throughout the United States and advised clients on pre-litigation insurance matters. Ms. DiCanio's non-insurance litigation work focuses on antitrust and securities.
Ms. DiCanio authors a chapter in the treatise Litigating Mass Tort Cases focusing on insurance coverage for the defense of mass tort claims such as those involving asbestos and environmental remediation. She has authored numerous amicus briefs for the non-profit United Policyholders, including assisting in the drafting of an amicus brief submitted in the landmark case of Bi-Economy Inc. v. Harleysville Ins. Co., 886 N.E.2d 127 (N.Y. 2008). In Bi-Economy, the New York Court of Appeals ruled that policyholders can recover consequential damages for an insurance company's breach of the covenant of good faith and fair dealing.
In 2015, Ms. DiCanio was recognized by Super Lawyers as a New York Metro Rising Star for Insurance Coverage.
Carrie provided very useful information and suggestions.
It was a great class!
This program was worth the cost of my entire two year subscription. Well done.