Policyholder Pulse

Corporate transactions are carefully negotiated to allocate assets and liabilities. However, one valuable asset is frequently overlooked and may fall by the wayside during this process: the right to recover under historic insurance policies. This can result in one entity holding the liabilities, while rights under the insurance policies purchased to cover the risk remain with...

The U.S. Court of Appeals for the Tenth Circuit’s just-issued decision Church of Jesus Christ of Latter-Day Saints v. National Union Fire Insurance Company of Pittsburgh, PA, et al., has established an important new tool for general liabi...

Representations and Warranties Insurance (RWI) has become a standard deal tool. Buyers purchase it to obtain recourse independent of the seller. RWI can strengthen a Buyer’s bid for attractive targets while giving Sellers a clean exit: no indemnity, minimal escrow and little post-closing exposure (absent fraud). Commentators have devoted much attention to RWI’s role in facili...