Description
Representation and warranties insurance (RWI) policies are gaining increased popularity as a way for sellers and buyers to transfer the risk of breach of a representation or warranty in a purchase agreement, resulting in financial loss, to the insurance markets. RWI policies provide indemnification to limit sellers’ post-closing liability, while buyers see the policies as a way to streamline negotiations and preserve commercial relationships. Not surprisingly, the increase in the number of policies has led to a corresponding increase in claims.
With the growing use of the RWI policies in transactions, attorneys need to have a greater understanding of how to negotiate these policies upfront, as well as common issues that clients encounter when pursuing or defending claims under these policies.
Gain a better understanding of how to avoid and resolve claim issues that arise with representation and warranties insurance. Join our expert faculty for in-depth discussion of the coverage gaps, traps, and solutions to ensure these policies work as anticipated.
This program will:
- Explore the various types of representation and warranties (R&W) coverage available to limit liability in complex transactions
- Examine key policy provisions, including the importance of arbitration clauses
- Identify common pitfalls in litigating R&W-based claims and how to avoid them
- Offer insights into exclusions and accurately calculating loss in R&W policies
- Address retention issues and their impact on coverage
This program is for attorneys who need to become familiar with the complex world of RWI policies coverage and the processing of claims.