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Closing with Confidence: Representations and Warranties Insurance in M&A

JD Supra: Mergers

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

M&A 288
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Delaware Superior Court Holds That Bump-Up Exclusion In D&O Insurance Does Not Apply To Securities Claims Arising Out Of An M&A Transaction

JD Supra: Mergers

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

Insurance 165
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Insurance M&A: Bermuda’s change of control requirements

JD Supra: Mergers

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

Insurance 165
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Looking ahead: The Bermuda insurance M&A horizon in 2024

JD Supra: Mergers

2023 was a fairly gloomy year for global M&A activity and the insurance sector did not emerge unscathed, recording its lowest deals count since 20201.

M&A 188
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Representation and Warranty Insurance for M&A Deals: Cooling Market and Emerging Trends

JD Supra: Mergers

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

Insurance 171
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How To: M&A Deal Baskets and Reps & Warranties Insurance

JD Supra: Mergers

One of the questions it pays to ask (and answer) early on is how that basket mechanism will function with the retention amount you will be negotiating into your representations and warranties insurance (RWI) policy. Negotiating a basket mechanism into your merger or acquisition agreement? By: Woodruff Sawyer

Insurance 159
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Tax Liability Insurance - M&A and Beyond

JD Supra: Mergers

Rather than considering an adjustment to the purchase consideration, negotiating an indemnity/escrow, self-insuring the risk. By: Ankura

Insurance 165