Hinshaw partners Scott Seaman and Jason Schulze have authored a new 13th Edition of the insurance law treatise, Allocation of Losses in Complex Insurance Coverage Claims, now available as a comprehensive two-volume set from Thomson Reuters.

In a new commentary published in Mealey's Litigation Report: Emerging Insurance Disputes, partners Scott Seaman—co-chair of the firm's global Insurance Services Practice Group—and Judy Selby review recent developments in the area of mergers & acquisitions (M&A) and representations & warranties (R&W) insurance.

Traditionally, buyers and sellers of companies perform due diligence and risk assessments in connection with corporate transactions. To protect against a seller's breach of representations and warranties concerning the target company, acquiring companies often insist on the inclusion of broad indemnification, holdback, and earn-out provisions in the transaction documents, as well as the establishment of seller-funded escrow accounts. Negotiations concerning these issues have the potential to become contentious and time-consuming, creating delays and other roadblocks to finalizing the transaction. Over the past few years, however, buyers and sellers have looked with increasing frequency to transactional or merger and acquisition (M&A) insurance to avoid or limit some of these deal impediments.