Getting business deals over the line is never easy and transactions may falter for many reasons - some technical, some financial, some personal.
Our role is to work alongside transaction advisers (including insurance brokers) to review transaction documentation and advise on the legal aspects of potential insurance-related solutions that may help to remove potential deal-breakers.
Our multi-skilled team of lawyers and business advisers provides a full range of insurance and regulatory advice to transaction advisers and their clients to help minimise risk and maximise opportunities in projects and transactions - wherever in the world they are doing business.
Our work includes advice on matters such as:
- Contingent risks - where insurance can provide cover in respect of risks which the parties to a transaction are unable or unwilling to resolve by way of contractual indemnities, for example, ongoing or threatened litigation, planning issues, employment issues etc.
- Warranty & indemnity risks – where insurance can provide cover for losses arising from a breach of warranties or indemnities given in transaction documentation and can be for the benefit of either the buyer or seller.
- Environmental risks – where insurance can provide cover where there are known or unknown environmental risks linked to a transaction in circumstances where a party is unable or unwilling to provide an acceptable indemnity.
- Tax risks – where insurance can provide cover for the financial impact of a successful challenge by the tax authorities of tax positions adopted in a wide range of transactions.
- Insuring clauses in major commercial contracts – where the wording of provisions dealing with issues such as liability for premium payments and deductibles, the insuring obligations of the parties, project specific insurance arrangements and uninsurability issues in long-term agreements can be critical.
- Financial services regulation - where issues affecting the regulated insurance activity of businesses involved in commercial transactions, whether as principal or intermediary, can impact the success or otherwise of a transaction.