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.
Presented By
Mr. de Boisblanc is a leader, expert and innovator in the transactional risk insurance industry. He brings a wealth of experience advising purchasers and sellers in M&A transactions and GP-led secondary transactions on representations and warranties insurance (RWI) and related insurance products. Mr. de Boisblanc’s prior experience includes holding a senior position on AIG’s M&A insurance team, where he personally underwrote more than 150 RWI policies and practicing law at Ropes & Gray, a leading global law firm, where he advised private equity clients with respect to the placement and negotiation of RWI policies.
Mr. Small counsels clients on the recovery of insurance proceeds and on risk management and insurance strategy. He represents clients in complex coverage disputes involving claims under various types of policies, including first-party property, cyber, D&O, E&O, general liability, product liability, and transactional liability.
Ms. Tajima is a partner in Goodwin’s Risk Management & Insurance practice and concentrates her practice on advising and advocating for clients on insurance matters. She is a leading practitioner of transactional insurance and offers practical advice during every stage of M&A transactions using R&W, W&I and other transactional insurance.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, May 25, 2023
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Introduction
- Overview of reps and warranties insurance
- Claim process
- Claim disputes
- Conclusion/Q&A
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?
