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Synthetic W&I Insurance: Broadening Warranty Protection in M&A

JD Supra: Mergers

Warranty & indemnity ("W&I") insurance is playing an increasingly important role in M&A transactions.

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Delaware Superior Court Holds That Bump-Up Exclusion In D&O Insurance Does Not Apply To Securities Claims Arising Out Of An M&A Transaction

JD Supra: Mergers

Wallace of the Superior Court for the State of Delaware granted plaintiffs motion for summary judgment in a directors and officers (D&O) insurance denial case against. On January 3, 2025, Judge Paul R. Harman Intl Indus. Illinois Natl Ins. 2025 WL 24364 (Del.

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Delaware Court Holds Settlement of Underlying Securities Litigation Is Covered Under D&O Policy, Rejecting Insurers’ Assertion of the ‘Bump-Up’ Exclusion

JD Supra: Mergers

Illinois National Insurance Company, No. A Delaware court recently found for the policyholders in determining that a directors and officers (D&O) liability policy covered the settlement of an underlying action alleging violations of the Securities Exchange Act of 1934 (the Exchange Act). Indeed, in Harman International Industries, Inc.

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Analyzing the State of M&A in 2025: Key Survey Insights

JD Supra: Mergers

At the start of the year, we surveyed M&A lawyers to gather their perspectives on the market dynamics, the year ahead, and the impact of representations and warranties insurance (RWI) on deals.

M&A
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Boss of takeover target Direct Line wants time to turn around insurer

The Guardian: Mergers & Acquisitions

The two companies – the UK’s biggest insurer, Aviva, and the Churchill owner, Direct Line, known for motor cover and its red phone on wheels mascot – are facing off in a takeover tussle that has sent the Direct Line share price soaring , amid speculation that Aviva could raise its offer or launch a hostile bid, or face a counterbid.

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California Federal Court Holds Exception to I v. I Exclusion Restores Coverage for D&O Claim Based on Dilution of Shares

JD Supra: Mergers

The United States District Court for the Southern District of California, applying California law, has held that an exception within an insured vs. insured (I v. By: Wiley Rein LLP

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RWI for Small Deals: A Strategic Shift in Product Design

JD Supra: Mergers

The US representations and warranties insurance (RWI) market has long been a fixture in M&A transactions, particularly in the mid- and large-cap space. But as dealmakers increasingly look to scale through smaller acquisitions—especially in private equity—traditional RWI has struggled to keep pace.