Due diligence into a target company’s insurance program is necessary for any potential merger or acquisition of investment. With one of the nation’s strongest corporate teams, we know how deals are done and understanding a company’s insurance program is crucial to assess potential risk. In most cases, this due diligence is completed by brokers, but their work is not privileged. For any acquirer or investor, it is critical to understand the amounts, terms, quality and types of insurance. We help identify whether the policies are adequate, and confirm they are at a level that protects any potential veil‐piercing.
We focus on legal issues such as:
- ensuring the benefits of insurance policies can be property transferred
- designing runoff or tail coverage
- structuring coverage to match the terms of the transaction documents
- assessing potential and pending claims
- evaluating whether these claims have been properly reported
In addition, we help clients place reps and warranties policies in transactions, along with submitting claims and pursuing recoveries when those policies are triggered.