BarbriSFCourseDetails

Course Details

This CLE course will discuss key issues that are likely to arise when claims have been made under representations and warranties insurance (RWI) policies and will provide practical suggestions for both insurers and policyholders to resolve them efficiently and according to policy terms.

Faculty

Description

RWI has quickly transformed from a niche product into a market that covers hundreds of billions of dollars in risk. It is now a standard tool in M&A, bankruptcy, and Section 363 sales.

Not surprisingly, the increase in the number of policies has led to a corresponding increase in claims. Both insurer and policyholder counsel must become familiar with the often complex RWI claims process, which differs from the general liability policy claims process (sometimes in refreshing ways).

Counsel must be prepared to counter and rebuff insurer attempts to avoid or minimize payment. Policyholders may need coverage counsel to demonstrate coverage and negotiate payment of claims.

Listen as this experienced panel of coverage counsel reviews what counsel must know about how R&W claims are made, challenged, negotiated, and litigated.

Outline

  1. Introduction
  2. Overview of reps and warranties insurance
  3. Claim process
  4. Claim disputes
  5. Conclusion/Q&A

Benefits

The panel will review these and other pressing issues:

  • What should counsel negotiate in policies upfront?
  • What are the most common claims?
  • How do I set my claim up for success?
  • What are the most common reasons for denial?
  • How is an RWI claim dispute different from others?
  • What is the insurer's duty of good faith under R&W policies?