Mergers and Acquisitions - Key Insurance Issues

About the Session

This session looks at some of the insurance issues faced during a client merger or acquisition and explores some of the insurance solutions available

Content and Learning

• Types of M&A – management buyouts, private equity investment, acquisitions of new subsidiaries, refinancing

• Common insurance issues seen in a M&A

o Past liabilities that may be acquired (e.g., TUPE, environmental)

o Run -off issues (PI, products)

o D&O issues (change of control clauses, run-off)

o Asset cover between signing and completion (contracting purchasers’ clauses, BI)

• Checking a sale/purchase agreement (SPA)

• Transaction liability products (W&I, Tax Indemnity, Legal Opinion)

• Legal indemnities (e.g., restrictive covenants, lost documents)

Learning Objectives

• Be aware of the key insurance considerations during a client merger or acquisition
• Understand how additional liabilities may be acquired
• Know the additional insurance products available to deal with M&A risks

About the Speaker

Diane has huge experience working with major Brokers across a range of roles and disciplines, to include:

• Placement
• Programme design
• Training
• New business
• Client Servicing
• Mergers and Acquisitions (M&A) due diligence

Diane is now a highly respected trainer to the insurance market.

Diane’s strength is in practical application of knowledge with specific specialisms including Business Interruption, Cyber and Property Owners.

She is the Education Secretary and former chairperson of the London Business Interruption Association. She was part of the IIL Advance Study Group - Business Interruption Policy Wordings and has collaborated with the authors of several Business Interruption textbooks.

She is a member of the Cyber Insurance Association, and she carries out the insurance cyber policy reviews for Cyber|Decider (https://www.cyberdecider.com/)

Diane’s work includes delivery as an Associate for Nick Thomas & Associates.