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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 286
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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 163
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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 169
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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 163
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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 185
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The Impact of Underlying Insurance Policy Types on Reps and Warranties Insurance and M&A

JD Supra: Mergers

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

Insurance 163
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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 163