Insurance

We assist clients in a variety of facets of insurance litigation and dispute resolution, including general liability, construction, and representation and warranty insurance.

Representation and warranty insurance ("RWI"), sometimes called "warranty and indemnity insurance" or "M&A insurance," is insurance bought by the buyer or seller in a business transaction to insure the accuracy of representations and warranties in the acquisition agreement.  In recent years, RWI has grown increasingly popular in middle-market and high-value mergers and acquisitions.  RWI claims present unique challenges and pitfalls, as illustrated in a recent decision by the U.S. Court of Appeals for the Seventh Circuit, which denied any recovery under an RWI policy in light of numerous avoidable mistakes made by the claimant.

We advise our clients throughout the claims process to help maximize RWI coverage while preserving and/or litigating related contractual, escrow, and tort claims.  We stand ready to assist clients considering RWI coverage in formulating a coordinated coverage and litigation plan at the very inception of a case, to avoid committing unforced errors that could diminish or negate the value of an RWI policy.

Featured Practice Group Members

  • Represented manufacturer in disputed insurance claim relating to flood damage of new warehouse facility

    Represented financial acquiror in claims against representation and warranty insurance policy

    Represented acquiror in assessment of claim position under RWI policy

    Represented secured creditor in claims against surety

  • Experience litigating coverage disputes involving representation and warranty insurance

    Trial and appellate experience concerning insurance and surety issues