Expanding Opportunities for Coverage of M&A Transactions in Representation and Warranty Insurance
The prevalence of RWI may lead corporations and their coverage counsel to ask whether it makes sense for them. How big must a deal be to make such a policy worthwhile? What opportunities exist—where can a policy be found, and what limits are available? Are there any pitfalls?
Duplicitous and Overbroad Insurer Constructions of Exclusions Improperly Deprive Policyholders of Coverage Benefits
Insurers, incentivized to avoid their duty to defend policyholders in lawsuits, have sometimes embraced the idea that even one connection between a policy exclusion and a claim is enough to relieve them of that duty. While a policy may state that it does not indemnify certain alleged offenses by the insured, the insurer should not be able to deny a defense where those allegations comprise only a portion of an otherwise covered suit.