Excess-of-Loss Policy

As counsel to a major asbestos defendant that was undervalued and unattractive as a potential acquisition because of the uncertainty surrounding its future asbestos liability, we drafted and helped negotiate an excess-of-loss policy providing an additional $800 million of coverage over a predetermined future liability.  Because this policy reassured the market that the company’s asbestos […]

Insurance Due Diligence for M&A Activity

We have regularly represented private equity and public companies in connection with their mergers and acquisition activity.  As part of the acquisition team, we develop strategy related to all aspects of potential liabilities, insurance, and risk management, with particular focus on product liability and directors and officers exposures.  Our strategic approach involves a broad review […]