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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
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
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
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
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
The fragmented insurance distribution market in Canada continues to see significant levels of mergers and acquisitions (M&A) activity as established consolidators roll up smaller brokerages and managing general agents (MGAs), new players emerge, strategic buyers remain active, and more owners approach the age of retirement and seek third-party (..)
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.
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
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.
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.
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.
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 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.
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.
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
The Private Target Mergers & Acquisitions Deal Points Study (“the Study”) is published on a bi-annual basis by the Market Trends Subcommittee of the ABA Business Law Section’s M&A Committee, which I am happy to serve on. By: Goulston & Storrs PC
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.
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
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.
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.
In today’s rapidly evolving digital landscape, technology’s impact on mergers and acquisitions (M&A) is profound and multifaceted. The Role of Technology in Modern M&A Digital Due Diligence Digital due diligence has become a cornerstone of the M&A process.
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.
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
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.
In 2023, overall mergers & acquisitions (M&A) deal volume was much slower than in prior years; however, as expected, there was a surge in claims during this period. Statistically, claims are most likely to arise within the first 12 to 18 months after a policy is. By: Woodruff Sawyer
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.
Buyers and acquisitions and mergers professionals should also be aware of the legal documents that the seller has in place. All parties should be aware of any legal obligations that they may have in the event of a sale or merger. Business owners should begin by ensuring that all of their legal documents are up-to-date and in order.
The economy relies on brokers to connect parties with mutual business interests and needs, whether it is the sale of real estate, procurement of insurance, or joint investment. By: MG+M The Law Firm
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.
Moniepoint seems to be eyeing Kenya’s MSME digital lending space, and its mature mobile money market, which is dominated by Safaricom’s M-Pesa service. The competition regulator in Kenya has given Moniepoint Inc. the green light to acquire Kopo Kopo, a Kenya-based company offering payments services and credit to businesses. by Moniepoint Inc.
(Nasdaq: LBAI) (“Lakeland”), the parent company of Lakeland Bank, today announced receipt of regulatory approvals from the Federal Deposit Insurance Corporation and the New Jersey Department of Banking and Insurance for Provident and Lakeland to complete their previously announced merger.
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. As deal flow has dwindled, competition has increased among carriers, and minimum floors largely have fallen away. of the policy limit.
As the advisory firm that executes by far the largest number of mergers and acquisitions transactions for insurance agents and brokers, and with our deep experience and contacts within the private equity community, we have a better vantage point on what is going on than most others.
Q1 2024 Agency and Broker Buyer Index Reveals a Dynamic Landscape for InsuranceM&A NEW YORK, NY - May 13, 2024 - Sica | Fletcher releases the Q1 2024 Agency & Broker Buyer Index. The Sica | Fletcher Index is the leading report on mergers and acquisitions within the insurance brokerage sector.
E248: Setting Yourself Up for Success: Essential Steps, Tips, and Strategies for a Profitable Exit - Watch Here About the Guest(s): Kip Wallen is a seasoned M&A attorney with over a decade of experience in live mergers and acquisitions deals, primarily within the lower middle market, involving transactions up to $50 million.
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