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In recent years, the deal environment has become more challenging and risk averse with M&A transactions coming to a grinding halt when parties are not willing to take on the inevitable risks and liabilities which arise.
Whether you are at an early stage and requiring transaction insurance planning advice, in the midst of a transaction or at the final throws of completion and requiring the comfort necessary to get the deal finalised, our international M&A Insurance team is ideally placed to advise you.
We can help you mitigate transaction risks by providing innovative and bespoke insurance broking solutions.
Our specialist team come from a variety of backgrounds and is able to draw on specific resources including legal M&A experience, enabling us to understand the issues you face from a unique perspective. As one of the longest established teams in the market with depth of experience we are able to advise small companies and large corporates equally in placing large and complex programmes.
Our understanding of the market issues and strong reputation emphasises our capability to service our client’s needs in an innovative but yet realistic manner.
We appreciate that every deal is different and we endeavour to find a solution that is ideal for you and your needs. As such, each of our insurance products is tailored to fit a specific transaction. The more popular insurance products include:
Warranty & Indemnity (W&I) Insurance
Warranties and indemnities are likely to be the most contentious and heavily negotiated issue in a transaction. W&I insurance can move transactions forward by providing cover which protects the seller or buyer from financial loss resulting from a tax indemnity or breaches of a seller’s representations and warranties.
Our team is able to place tax insurance on a wide range of tax liabilities.
The uncertainty surrounding known tax issues can be an obstacle to strategic planning. This type of insurance transfers the risk where parties are not prepared to maintain the long-term risk where a known tax issue has been identified.
The success of many corporate transactions can hinge on a specific tax outcome, whether it relates to a past matter or to a future restructuring. We are also able to provide cover where an unfavourable ruling could have a serious impact on the purchaser and the availability of the expected tax attributes of the target company.
Specific Issue Insurance
We are able to insure on a wide variety of legal or other contingent issues which have been identified possibly in the course of due diligence for a transaction. These can create hurdles where opinions differ over the potential outcome of a specific legal issue.
Claim or Litigation Buyout
Litigation can prove to be expensive and time consuming, and the uncertainty of its outcome can cast a shadow on the present and future prospects of a business. This policy is designed to cover the costs of a court judgment, approved settlement or defence costs incurred in litigation up to an agreed cap. This can provide certainty and closure, especially during a transaction when certainty and allocation of risk are key.
Prospectus and IPO Liability Insurance
In a public offering of shares, investors, the underwriters of the issue and regulatory authorities could potentially make claims against a company, its officers, employees or shareholders. This specific type of policy covers these exposed parties in respect of potential liabilities.
The confidentiality of our clients is of the utmost importance to us and at the forefront of our service. Please contact any of our industry experts who are available to address your queries and concerns.
Last updated 29 May 2012
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