Policy Drafting

Our attorneys have decades of experience assisting representations and warranties insurance carriers and underwriters during the underwriting process, in both a primary and excess capacity. Cognizant of the time-sensitive nature of securing appropriate representations and warranties insurance coverage in connection with fast-moving and oft-changing deals, we work quickly and efficiently to help identify and mitigate risks. Due to our vast experience through a variety of changing market conditions, we understand the representations and warranties underwriting environment as well as anyone and can help craft a tailored solution to any deal structure.

Bailey Cavalieri has assisted insurance carriers and underwriters in drafting policy language and endorsements ever since representations and warranties insurance came to market. Our in­depth insurance industry experience and involvement in both underwriting policies and analyzing claims helps us to anticipate and avoid policy language that could lead to potential disputes, so our clients can avoid uncertainty and litigation.

When a claim is made, we work closely with our clients to thoroughly and efficiently investigate and evaluate whether a breach occurred, assess and value any potential losses, and consider coverage issues that may limit or preclude a recovery under the policy. We recognize the importance of working collaboratively with the insureds, their counsel and brokers to foster an open and honest dialogue, which increases efficiency and the satisfaction of our clients and our clients’ clients.

Our team of mergers and acquisitions, insurance, finance, and tax and accounting experts partner together to ensure the proper result for our clients. We also collaborate with top-tier forensic accounting and valuation firms and advisors with whom we have developed strong relationships. Borrowing from experience on hundreds of claims, we are prepared to guide our clients from claim notice to claim resolution.

Although we approach every claim with an aim to avoid litigation, our attorneys have significant experience litigating representations and warranties insurance coverage disputes in a variety of jurisdictions and venues, before both courts or national and international arbitration panels. If litigation is necessary, our attorneys are here to guide our clients through that challenging process.