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Representations and warranties insurance (RWI) has become an increasingly common feature in mergers and acquisitions (M&A) transactions, serving as a risk management tool for both buyers and sellers. By: DarrowEverett LLP
Wallace of the Superior Court for the State of Delaware granted plaintiffs motion for summary judgment in a directors and officers (D&O) insurance denial case against. Harman Intl Indus. Illinois Natl Ins. 2025 WL 24364 (Del. By: A&O Shearman
This article, the first in a multi-part series on M&A in insurance, considers the change of control regime under the Bermuda Insurance Act 1978 (the “Insurance Act”) as it applies to shareholder controllers of Bermuda insurers. By: Carey Olsen
While representation and warranty (R&W) insurance continues to be used across a broad range of M&A transactions, its use has cooled as dealmakers navigate challenging market conditions. By: Cooley LLP
Most forms of insurance fall into one of two categories: claims-made or occurrence-based. This distinction is crucial when you are acquiring a new company and deciding how best to merge the target’s existing insurance coverage with your own. By: Woodruff Sawyer
Public company insurance policyholders beware: In recent years, insurance carriers have increasingly invoked the “bump-up” exclusion, which is a carve out provision typically found in directors and officers (D&O) insurance policies. By: Cooley LLP
During the second quarter of 2023, LP’s insurance brokerage team surveyed many respected professionals in the insurance brokerage M&A industry, including M&A advisors and highly acquisitive buyers. All are experienced in the industry and regularly work on 10+ transactions in any given year.
In most M&A transactions, after the parties have negotiated the basic commercial terms, they then negotiate the warranties and indemnities (W&I). Generally, buyers want the anticipated value of their purchase without any surprises after the deal closes. By: White & Case LLP
The third quarter of 2024 saw big deals, some encouraging trends and lower interest rates in Canada's M&A market. We look at these developments in this latest edition of Bennett Jones' quarterly M&A update—as well as the growing role and importance of representations and warranties insurance (RWI) in Canadian M&A transactions.
Looking back on 2024 in private M&A, several notable trends stand out. In a year generally marked by caution in dealmaking, the Canadian market saw heightened regulatory scrutiny, the growth of private capital financing and the effects of a mature representation and warranty insurance industry.
We set out below a number of interesting English court decisions and market developments which have taken place and their impact on M&A transactions. Buy-side W&I insurance policy successfully excluded losses claimed. Buy-side W&I insurance policy successfully excluded losses claimed. Investment bank not.
Scott Seaman, Co-Chair of Hinshaw’s global Insurance Services Practice Group, moderates a panel of transaction insurance professionals, including Global Co-CEO of Aon's M&A and Transaction Solutions practice Gary Blitz, Managing Directors Vip Patel and Ed Conlon, and Senior Vice President Anthony Dragone.
Representation and warranty insurance (“RWI”) is an increasingly important feature of private company M&A transactions. Every other year since 2005 the ABA has released its Private Target Mergers and Acquisitions Deal Point Studies (the “ABA studies”). Originally Published in Bloomberg Law. By: Goulston & Storrs PC
As these sectors continue to expand, mergers and acquisitions (M&A) have played a pivotal role in facilitating business transactions, project acquisitions, and technology transfers. By: Mayer Brown
State of the Market in Asia - The insurance brokerage market has emerged from the challenging financial conditions and geopolitical headwinds of 2023 as a bright spot that demonstrates resilience and promises great growth potential. By: Mayer Brown
Please join Williams Mullen attorneys Jon Bliley and Rakesh Parikh as they discuss the latest trends in middle-market M&A, touching on several topics, including rep & warranty insurance and indemnification. By: Williams Mullen
The use of representations and warranties insurance (RWI or R&W) has become increasingly mainstream. RWI is a well-established tool in the merger and acquisition (M&A) toolbox for both private equity and strategic buyers. An estimated 75% of private equity transactions and 64% of larger strategic acquirers use it.
As they go through their initial public offering (IPO) and the subsequent merger & acquisition (M&A) process, special purpose acquisition companies (SPACs) face many regulatory, legal, and business hurdles. Obtaining the appropriate amount and type of insurance for each stage of their life cycle is one of them.
In our second episode of The Inside Basis, Randy Clark is joined by Marion Zeller, a tax partner in our Luxembourg office, and David Mussche, an associate director with Howden M&A's tax team, to discuss the state of tax insurance in Luxembourg and its impacts on deal process and risk mitigation. By: K&L Gates LLP
In part one of this two-part series, Matt Miller and Andrew Lloyd analyze representations and warranties insurance (RWI) in the health care M&A landscape. They discuss the benefits of RWI for buyers and sellers, policy structures, premiums, and strategies to ensure effective coverage.
In recent years, the use of representations and warranties insurance (RWI) in mergers and acquisitions (M&A) transactions has experienced dramatic growth worldwide. Consequently, deal participants in Latin America are showing increasing interest in the product.
Earlier this year, Meredith blogged about a federal court’s decision holding that a “bump-up” exclusion in a D&O insurance policy resulted in the loss of […]
Warranty and indemnity insurance (W&I) is a long-established feature of M&A transactions in Europe, especially with private equity sellers. Stapled W&I policies and synthetic policies will likely be increasingly common features of E&I transactions, although their feasibility should be assessed case by case.
The post-Brexit Solvency II reform aims for a more competitive and dynamic insurance sector in the UK. The UK government’s proposals to adapt the Solvency II regime more appropriately to the national insurance market have been in development for some time. Whilst the PRA’s. By: Latham & Watkins LLP
A recent Willis Towers Watson blog says that both debtors and potential buyers of distressed assets should consider using R&W insurance and the other transactional insurance solutions which have become staples of private M&A deals in other contexts as an alternative to traditional risk allocation for their transactions.
Coalition offers cybersecurity insurance products that take advantage of proactive cybersecurity tools. Coalition offers cybersecurity insurance products that take advantage of proactive cybersecurity tools. More recently, Jumbo partnered with IdentityForce to offer identity theft insurance in the U.S.
As they go through their initial public offering (IPO) and the subsequent merger & acquisition (M&A) process, special purpose acquisition companies (SPACs) face many regulatory, legal, and business hurdles. Obtaining the appropriate amount and type of insurance for each stage of their life cycle is one of them.
Recent data suggests that the use of Rep & Warranty Insurance may have plateaued, but this Cooley M&A blog says that market development has led to some news for purchasers of RWI. The blog says R&W policy purchasers in this cooling market have been able to obtain more quotes, and more favorable policy rates and […]
Join us for a lively 30-minute discussion where our head of transactional insurance and the head of our private equity practice discuss top trends in M&A and PE.
Hosts Lynda Bennett and Eric Jesse build on their recent discussion with Lowenstein M&A Chair and Transactions & Advisory Group co-Chair Marita Makinen about the current state of play in the M&A and private equity space.
Q3 Data from S&P Global Highlights Sica | Fletcher’s Number 1 Ranking NEW YORK, NY - October 31, 2024 - Sica | Fletcher continues to set the standard for excellence in the insuranceM&A industry, further solidifying its Number 1 position on S&P Global’s 2024 Market Intelligence League Tables.
The following report examines the health and outlook for insuranceM&A deals in 2024. We base this research on several key findings in our proprietary SF database, which observes and records data from the top ~400 insuranceM&A buyers. Agency vs. Company: Which Is The Better InsuranceM&A Deal?
The following report contains our observations of insuranceM&A trends in 2024. However, volume and value in the insurance sector remained remarkably stable. As a result, our analysts predict a flurry of M&A activity in H2 2024.
Buying and selling a company has many overlaps to buying and selling a house. There are many reasons to sell a house: wanting liquidity and diversification (especially if the house is an investment property), lack of progress toward a financial / strategic goals (i.e. the house failed to increase in expected value), mature market (i.e.
The S&P Global Market Intelligence League Table reveals that Sica | Fletcher closed 78 M&A deals year-to-date, with a significant focus on insurance-related transactions. According to S&P Global, Sica | Fletcher ranked as the #1 advisor to the insurance industry for 2017-2023 YTD in terms of total deals advised on.
Topics covered include potential liability risks, costs required to upgrade the target’s systems, the target’s cyber insurance coverages, and the differences in cyber risk profiles between strategics and private equity buyers. […]
M&A transactions for insurance companies are part of a robust but complicated market that requires ingesting a great deal of data in order to fully understand. While insuranceM&A did see slight dips in deal volume and average value (Fig.2)
The following report details insurance brokerage M&A multiple averages for H1 2024. Our research team averaged the information using data from our Sica | Fletcher index, which monitors approximately 70% of insurance sector transactions. Because several kinds of insurance are legally required (e.g.,
Explore the landscape of the M&A Market and its impact on RWI with Woodruff Sawyer’s Emily Maier and Yelena Dunaevsky in this video. They examine both the broader trends and finer nuances shaping the Reps & Warranties marketplace.
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