Representations and Warranties Insurance in Complex Real Estate Transactions: Emerging Tool to Mitigate Risk and Close Deals
Evaluating When Insurance is Appropriate, Negotiating Coverage and Exclusions
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide real estate counsel with a review of representations and warranties insurance coverage and particular real estate transactions in which it is appropriate to use the coverage to mitigate risk and complete transactions. The panel will discuss the potential benefits and traps associated with the insurance and key considerations when negotiating coverage and exclusions.
Outline
- Overview of representations and warranties insurance
- Current trends in purchasing the insurance
- Benefits and pitfalls
- Types of real estate transactions for which representations and warranties insurance would be appropriate
- Negotiating coverage and exclusions
- Process for obtaining insurance
Benefits
The panel will review these and other key issues:
- What are the potential benefits and pitfalls associated with representations and warranties insurance for complex real estate transactions?
- For what types of real estate transactions would representations and warranties insurance be beneficial?
- What current trends should counsel be aware of with respect to representations and warranties insurance?
- What are some of the key issues to consider when negotiating representations and warranties insurance coverage and exclusions?
Faculty
Dan A. Bailey
Member
Bailey Cavalieri
Mr. Bailey is a nationally recognized expert regarding directors' and officers' responsibilities, liabilities,... | Read More
Mr. Bailey is a nationally recognized expert regarding directors' and officers' responsibilities, liabilities, indemnification, insurance, and loss prevention. As Chair of Bailey Cavalieri's Directors & Officers Liability Practice Group, he represents and consults with directors and officers, corporations, insurance companies, and law firms across the country. In addition to advising Boards and drafting most of the D&O insurance policies in the market, he has represented clients or served as an expert witness in many of the largest D&O claims for more than 30 years. He is co-author of Liability of Corporate Officers and Directors, a leading treatise on the topic, has published dozens of articles and speaks at more than 20 seminars a year on the subject.
CloseLee A. Chilcote
Managing Partner
Chilcote Law Firm
Mr. Chilcote's career in law has spanned over 46 years. During his career, he has handled a wide variety of... | Read More
Mr. Chilcote's career in law has spanned over 46 years. During his career, he has handled a wide variety of transactional matters comprising more than $6 billion of investment. He has a tremendous breadth of experience in a wide range of practice areas, including, but not limited to, real estate transactions, dispositions, Section 1031 exchanges, leases, sale-leasebacks, corporate and mortgage financing, construction law, environmental matters, state and federal historic and new markets tax credits, and economic development incentives. Throughout his career, he has represented a diverse collection of clients ranging from REITs, financial institutions, life and pension funds, to small businesses, developers, lenders, real estate advisors, asset managers, owners, and individuals.
CloseKim Gladney
Managing Director
Ambridge Partners
Ms. Gladney has been an underwriter of transactional insurance products, including representations and warranty and tax... | Read More
Ms. Gladney has been an underwriter of transactional insurance products, including representations and warranty and tax insurance for nearly 10 years. Ms. Gladney manages a team of underwriters in New York City and principally works on North American representations and warranty opportunities, including with respect to REIT transactions.
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