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 is a commercial litigator focusing on insurance coverage disputes and counseling on behalf of policyholders. His educational background and prior experience as an insurance broker and advisor provide him with a deep understanding of the insurance industry, enhancing his ability to represent policyholders across a broad spectrum of policies. Mr. Small regularly represents clients in connection with claims under policies providing coverage for commercial property, cyber, builders’ risk, D&O, E&O, general liability, and representations and warranties. He also represents clients in professional liability matters, such as insurance broker malpractice. Mr. Small frequently provides thought leadership on insurance issues. He writes extensively on insurance coverage, presents to industry professionals, and has been quoted in prominent publications. Mr. Small is also a contributor to the Firm’s Insurance Recovery Blog.
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?
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