First and foremost the Purchase and Sale agreement is the basis for Transactional Liability Products and the underwriting criteria for underwriting them. A List of Transactional liability Products 1. Representations and Warranties Policy 2. Tax opinion coverage 3. Loss Mitigation Policy Representations and Warranties Policy Covers breaches in the Reps and Warranties in the Purchase […]
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Captives
A captive is a retention vehicle just like a deductible . Captives come in many sizes and shapes. They are written in a domicile either in the country or offshore. The selection of a domicile is based on a few different criteria. The Cost of administration of the captive, taxes, overall regulations in the domicile. […]
Transactional Products
1. Rep and Warranty Products Used very heavily in the Private Equity Market. Approx. 70 % of PE firms use them. Seller R&W policies are generally used for deal terms. Survival of rep and Warranties, escrow, limit of liability provided. These are quite often used by seller’s attorneys and M&A consulting firms looking to structure […]
How to Navigate the Current market
Yes, the market is tightening . This means the prices are going up and certain coverages will not be obtainable. This hasn’t happened in a very long time. In fact I would venture to say that most of the practitioners in the insurance community were not in the last severe hard market. There have been […]
