Our Transactional Liability Insurance practice is an integral part of our Global M&A practice and Global Insurance Industry Group and encompasses our warranty and indemnity (W&I) and representations and warranties (R&W) insurance claims teams as well as our corporate insurance and tax teams.

In recent years, insurance has emerged as an important tool in managing and mitigating a wide variety of transaction-related risks, from representations and warranties, to tax risk and other contingent liabilities. With corporate and claims teams across the United States, United Kingdom, Europe and Asia, we have one of the leading transactional insurance practices in the world mobilized to respond to this growing segment of the industry. We can truly deliver a global, 360 degree service offering in this area.

Corporate Capabilities

We advise insurers on W&I/R&W matters at policy placing stage, including assisting with insurers’ due diligence enquiries, identifying key features of and risks with the transaction and advising on policy wordings.

We approach our transactional insurance work for clients from the perspective of experienced deal lawyers. Unlike some firms who have created practices dedicated solely to representing underwriters in issuing transactional insurance, each member of our team, including our specialists, regularly act for buyers and sellers in M&A transactions. We therefore are able to provide our clients with the benefit of current market perspectives and practical, real-world experience when reviewing transactions from the perspective of the insurer. Many of the buyers we represent use insurance in their transactions, which provides us with further insights and experience which we are able pass along to our insurer clients when underwriting transactions.

Our practice is able to draw on an integrated international team who support the global operations of our clients’ acquisition, disposition and joint venture strategies. Our firm has participated in M&A transactions worldwide in virtually every industry, and we have extensive experience managing trans-Atlantic, Asia-Pacific, pan-European and global transactions. We are able to seamlessly involve our team to help analyze unique deal risks whatever they may be and help craft creative solutions for addressing such risks.

Claims Experience

Our Transaction Liability Insurance Claims practice has been advising insurers on representations and warranties/warranties and indemnities insurance claims and notifications, both on the buy-side and sell-side, for a number of years.

Our insurance coverage team with experience in this area extends to the UK, Germany, Hong Kong, and the US. In particular, our London team has developed a strong reputation in the market as reflected in our instruction on some of the most significant and complex W&I claims. In addition, a team from our Chicago and New York offices handled the widely covered case – Daniel Ratajczak Jr., et al v. Beazley Solutions Limited – whereby Mayer Brown won summary judgement on behalf of our client, Beazley Solutions Limited.

We are able to call upon our distinctively global and full service capabilities when assisting insurers in responding to notifications and claims. This means your “local” Mayer Brown team is able to coordinate with their transactional insurance colleagues in the relevant jurisdiction to assist where necessary, for example, in circumstances where a UK insurer is responding to notifications made in relation to a German law governed insurance policy and underlying transaction documents. We are also able to utilize specialist expertise across the Mayer Brown platform, including our tax, competition, employment, IP, corporate and finance colleagues, when such matters are relevant to the notified claims or breaches.