Insurance in the M&A Industry

In this program, Foley attorneys Gordon Davenport, III and Ethan D. Lenz, along with Mary Duffy, Managing Director, Aon Private Equity & Transaction Solutions, discussed the insurance issues that can arise in the course of a deal, including the impact of representation and warranties (R&W) or other transactional insurance coverages. Specific topics included:

• What issues are commonly posed by a target’s third-party liability insurance coverage?


• How should you utilize the due diligence process to determine potential issues with a target’s insurance coverage?


• What different considerations are raised by “occurrence” vs. “claims made” policies?


• How should purchase-agreement provisions dealing with insurance matters be structured?


• What is R&W insurance coverage and what types are available to facilitate deals?


• How can R&W insurance and other transaction-liability insurance aid in getting a transaction completed?