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

  1. Who involved in insurance should be on the due diligence team?
    1. How can risk managers assist in valuations and mergers?
  2. Knowing the structure of the insurance program of the company and the merger candidate company
    1. Understanding new potential liabilities
    2. Evaluating the claims experience of the target company
    3. Using multiple scenarios for modeling
    4. Allocation of premiums
    5. Impact of contract indemnification language on insurance
  3. Extracting value from insurance programs
  4. 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, 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

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
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Online CLE Audio $149.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

MP3 Download (Audio Only) $49.00
Available 24 hours after the live event

How does this work?

CD $49.00 plus $9.45 S&H
Available ten business days after the live event

Program Materials

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Program Materials

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Customer Reviews

Very concise - provided what was needed, yet also included many examples, thoughts and ideas.

Ron Keith

Skilled Care

The program provided good legal references, good bullet points and good scope.

Tim Thomas

Kolesar & Leatham

Content was excellent.

Jonelle Burnham

Kimberly-Clark

We were given simple and clear answers to complex questions, lots to work with.

Patrick R. Kelly

Glenn, Feldmann, Darby & Goodlatte

I attend a lot of these lectures and Strafford's presentation addressed important issues I rarely hear about. I really learned something for a change.

Rebekah J. Poston

Squire, Sanders & Dempsey

Insurance Law Advisory Board

John D. Green

Partner

Farella Braun + Martel

William O. Krekstein

Partner

Nelson Levine deLuca & Horst

Jay M. Levin

Counsel

Reed Smith

Peter J. Mintzer

Partner

Chamberlin, Keaster & Brockman

Barry S. Neuman

Counsel

Carter Ledyard & Milburn

Andrew G. Wanger

Partner

Clyde & Co.

Sandra I. Weishart

Partner

Barger & Wolen

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