As is well known, civil litigation in the U.S. can be expensive, time-consuming and burdensome. Despite these obvious drawbacks, countless insurance disputes wind up in litigation, imposing costs and burdens on policyholders, claimants, and insurers. Alternative dispute resolution (ADR) mechanisms – such as arbitration, mediation, settlement conferences, and appraisal – allow the parties to insurance disputes to avoid the expense and burdens of trying to address a dispute in court. A new book published by the American Bar Association entitled “Resolving Insurance Claims Disputes Before Trial” (here) seeks to provide a practical guide to the ADR mechanisms. As discussed below, this book provides valuable guidance for attorneys, claims adjusters, and others involved in the insurance claim process.
Continue Reading Book Review: A Guide to Using ADR to Resolve Insurance Claims Disputes

randwInsurance to protect against breaches of the representations and warranties provisions of mergers and acquisitions purchase agreements is an increasingly important part of many M&A transactions. Among other things, reps and warranties insurance can help facilitate the transaction by reducing the amount of the purchase price that must be set aside to provide the buyer with indemnification protection against breaches of the representations and warranties. As detailed in a March 2, 2016 Law 360 article entitled “A Buyer’s Guide to Reps and Warranties Insurance” (here, subscription required) by Wayne Bradley and Jonathan Picard of the Dentons law firm, there are certain situations in which representations and warranties insurance may be particularly appropriate.  And as detailed in a recent study from a leading insurer, claims activity suggests that a significant number of transaction do run into trouble after the deal has closed, underscoring the need for this type of insurance.
Continue Reading Reps and Warranties Insurance: When Do You Need It – and What About the Claims?