Complex Insurance Issues in M&A Due Diligence
Assessing Potential Risk and Minimizing Exposure in Corporate Dealmaking
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, September 2, 2008
Recorded event now available
Description
Companies that participate on either side of a merger or acquisition must carefully consider insurance coverage issues as part of the due diligence analysis to protect buyer and seller.
Businesses acquiring or merging with another company must fully understand the potential liabilities to which they may be exposed, as well as the acquiree's existing insurance coverage both past and present.
Proper due diligence requires thorough analysis of risk exposure due to transfer and assumption of contractual obligations, property loss control, unknown or unreported claims, and insufficient claim reserves, among others.
Listen as our authoritative panel of insurance counsel offers their perspective and best practices on due diligence into potential liabilities and the claims experience, insurance coverage of the merged or acquired company, and the impact of contract indemnification language on insurance.
Outline
- Who involved in insurance should be on the due diligence team?
- How can risk managers assist in valuations and mergers?
- Knowing the structure of the insurance program of the company and the merger candidate company
- Understanding new potential liabilities
- Evaluating the claims experience of the target company
- Using multiple scenarios for modeling
- Allocation of premiums
- Impact of contract indemnification language on insurance
- Extracting value from insurance programs
- Using the analysis
Benefits
The panel will review these and other key questions:
- What should companies considering a merger or acquisition look for when reviewing the object company's historic insurance assets?
- What analysis should be conducted by the acquiring company when there appear to be gaps in the acquired company's coverage?
- What are the best ways to identify potential liabilities of the company to be acquired — and how can the acquiring company minimize the risks?
Faculty
Robert M. Horkovich,
Shareholder
Anderson Kill & Olick, New York
He is a trial lawyer with substantial experience in trying complex insurance coverage actions for corporate policyholders. The Chambers Guide calls him "the 'go-to person' in the area of insurance recovery."
Amy J. Fink,
Partner
Howrey LLP, Los Angeles
She specializes in general and complex business litigation, insurance coverage advice and litigation. She advises on insurance-related issues, including coverage for securities-related claims. She also conducts an active commercial litigation practice in a variety of other areas, including defamation, eminent domain, shareholder derivative actions, fraud and unfair business practices.
Robert M. Fineman,
Partner
Duane Morris, San Francisco
He practices in the areas of commercial and insurance coverage litigation with an emphasis on complex litigation involving contract disputes and environmental matters. He handles matters involving coverage and bad faith allegations, business disputes, construction defects, subrogation and contribution, toxic torts, regulatory issues and environmental matters.
Ordering
Recorded Event
Includes full event recording plus handouts (available after live seminar).
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CD $297.00
plus $9.45 S&H
Available ten business days after the live event
CLE on CD Processing $65.00
CLE Credit
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Customer Reviews
I liked the different speaker perspectives.
Gina Fama
Standard Chartered Bank
The presentation and handouts were very informative. And it allowed me to attend a CLE without leaving the office.
Bill Pemerton
Horton Maddox & Anderson
This was my first experience with an interactive CLE. It was good not to have to leave my office for the program.
Patricia Hays
Vestcom International
The teleconference was efficient with a well-focused agenda. The speakers really seem to know the material and communicated it clearly.
Owen Hughes
Pfizer
Good handouts and up to date references.
Andrew Davis
Lieben Whitted Houghton Slowiaczek & Cavanagh
Insurance Law Advisory Board
Partner
Farella Braun + Martel
Partner
Nelson Levine deLuca & Horst
Counsel
Reed Smith
Member
Cozen O'Connor
Counsel
Carter Ledyard & Milburn
Partner
Clyde & Co.
Partner
Barger & Wolen