About the Course
Introduction
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.
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.
Ms. Gilbert is a Director in KPMG’s Forensic Practice in the New York City office. She has over a decade of experience providing forensic services on a variety of matters including breach of representation & warranty claims, expert witness reporting and privileged consulting, quantification of damages, pre-closing agreement diligence, post-closing calculations, working capital and earn-out provision resolution, business interruption claims, and financial investigations. Ms. Gilbert is a licensed CPA in New York and has financial audit experience relating to property & casualty insurance providers.
Mr. Pappas represents corporate and individual policyholders with complex insurance coverage matters. He works on a variety of insurance policies, including directors and officers liability, builders’ risk, errors and omissions liability, commercial general liability, and representations and warranties insurance. Mr. Pappas's clients include public companies, private equity-backed businesses, financial institutions, real estate developers, nonprofits, and directors and officers. He has a dual focus on litigation and advisory work. Mr. Pappas represents policyholders in coverage disputes in courts and arbitration forums across the country, including cases involving nine-figure recoveries. He also supports clients throughout the insurance process, from placing and negotiating policies to developing coverage strategies during investigations and disputes. He pays particular attention to maximizing recoveries and addressing new risks, especially those related to artificial intelligence and other emerging issues.
Ms. Tajima is a partner in Goodwin’s Risk Management & Insurance practice and leads the transactional insurance advisory practice, focusing on the use of R&W, W&I, and other risk-transfer tools in connections with various transactions and claims. She is a leading practitioner of transactional insurance and advises on complex transactions for multinational clients across the US, Europe, and Asia-Pacific. Ms. Tajima is a frequent contributor on insurance topics and collaborates with brokers and underwriters. Her articles and speaking engagements include: cross-border transactional risk insurance (US vs. Europe), developments in W&I insurance in Asia, tailoring diligence plan to secure R&W insurance in manufacturing deals, R&W insurance market trends for secondary transactions, U.S. caselaw related to R&W insurance, and building an effective D&O insurance program.
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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, January 7, 2027
- schedule
1:00 PM ET/10:00 AM PT
I. Introduction
II. Overview of reps and warranties insurance
III. Claim process
IV. Claim disputes
V. Practitioner takeaways
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?
