Approximately 20% of representation and warranty insurance policies purchased as part of a mergers and acquisitions deal result in claim situations. When claims arise, they raise challenging issues requiring an examination of the deductible, exclusions, definition of a “loss” and so on. When this occurs, counsel, negotiation and expertise of the Martin LLP in resolving these disputes can be invaluable, particularly given that each one of these policies is highly customized and therefore unique

These insurance policies are also relatively new, often subject to confidentiality provisions, and not the subject of much published case law. Arriving at a resolution requires deep expertise in the field, patient, careful negotiation and documentation, and a commitment to working closely with all stakeholders, particularly the carrier, to both establish the validity of a claim, and to quantify it. At Martin, we have a long history of managing and satisfactorily resolving these situations. We work closely with our transactional attorneys, third-party experts and professionals, and above all, the client, to arrive at a resolution.