Reps and Warranties Insurance Claims Recovery: Demonstrating Coverage, Overcoming Common and Uncommon Denials

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, October 5, 2021

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss key issues that are likely to arise in claims made under representations and warranties (R&W) insurance policies and provide practical suggestions for both insurers and policyholders to resolve them efficiently and according to policy terms.

Description

Representations and Warranties Insurance (RWI) has quickly transformed from a niche product into a market that covers hundreds of billions of dollars in risk. It is now a standard tool in M&A, bankruptcy, and Section 363 sales.

Not surprisingly, the increase in the number of policies has led to a corresponding increase in claims. Both insurer and policyholder counsel must become familiar with the often complex RWI claims process, which differs from the general liability policy claims process (sometimes in refreshing ways).

Counsel must be prepared to counter and rebuff insurer attempts to avoid or minimize payment. Policyholders may need coverage counsel to demonstrate coverage and negotiate payment of claims.

Listen as this experienced panel of coverage counsel reviews what counsel must know about how R&W claims are made, challenged, negotiated, and litigated.

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Outline

  1. Introduction
  2. Overview of Reps and Warranties Insurance
  3. Claim Process
  4. Claim Disputes
  5. Conclusion / Q&A

Benefits

The panel will review these and other pressing issues:

  • What should counsel negotiate in policies upfront?
  • What are the most common claims?
  • How do I set my claim up for success?
  • What are the most common reasons for denial?
  • How is an RWI claim dispute different?
  • What is the insurer's duty of good faith under R&W policies?

Faculty

de Boisblanc, Peter
Peter de Boisblanc
V.P., Transactional Risk, U.S. Practice Leader
HUB International

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Small, Kevin
Kevin V. Small
Attorney
Hunton Andrews Kurth

Mr. Small counsels clients on the recovery of insurance proceeds and on risk management and insurance strategy. He...  |  Read More

Tajima, Ai
Ai Tajima
Counsel
Goodwin Procter

Ms. Tajima is a counsel in Goodwin’s Complex Litigation & Dispute Resolution practice, and concentrates...  |  Read More

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