KBR investigates and adjusts transactional risk matters for domestic and international insurers, including those matters involving Representations and Warranties Insurance, Tax Indemnity Insurance, Contingent Liability Insurance and other transactional risk management coverages.

Throughout the past decade, there has been a significant increase in the utilization of “Reps and Warranties” insurance in connection with corporate transactions. The robust economy and record cash reserves on hand with investment firms (typically private equity firms) and available for use in acquisitions are two key factors that have contributed to an active and competitive M&A market. As a result of this competitive landscape, and higher pricing models, buyers and sellers are also insisting on minimizing risk, typically by requiring indemnification solutions such as post-closing escrows or hold-backs. In order to compete in the marketplace, private equity-sponsored buyers are making more competitive offers for the purchase of companies by shifting certain post-closing risks to transactional risk insurers, instead of relying upon indemnification escrows.

We provide our clients with legal analysis of coverage, assist in the investigation of claimed losses, negotiate settlements of claims and litigate or arbitrate insurance coverage disputes involving transactional risk coverages.