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Commentary in Mealey's Litigation Report — Emerging Insurance Disputes: A Review Of Emerging Trends In Mergers & Acquisitions And Representations & Warranties Insurance

April 7, 2021

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.

The authors describe how buyers in M&A transactions have traditionally insisted on including many protective provisions in transaction documents—as well as other protections—and that negotiation of these measures is often "contentious and time-consuming, creating delays and other roadblocks to finalizing the transaction." As a result, parties to M&A deals have increasingly "looked to transactional or . . . M&A insurance to avoid or limit some of these deal impediments."

After reviewing the particulars of M&A and R&W insurance and policy provisions, Seaman and Selby discuss trends in claims and coverage litigation. They conclude by addressing underwriting and claims evaluation issues that insurers should consider when underwriting M&A and R&W insurance policies or evaluating claims.

Read the full Mealey's Litigation Report article (PDF)

"A Review Of Emerging Trends In Mergers & Acquisitions And Representations & Warranties Insurance " was published by Mealey's Litigation Report: Emerging Insurance Disputes, April 2021.

Hinshaw & Culbertson LLP is a U.S. based law firm with offices nationwide and in London. The firm's national reputation spans the insurance industry, the financial services sector, and other highly regulated industries. Hinshaw also serves as counsel to the professional services sector, and provides business advisory and transactional services to clients of all sizes.