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M&A Specific Risks

TheJudge sources and brokers competitive quotations for litigation buy-out (LBO) insurance.

The sale of any company can easily be disrupted by the threat or existence of legal proceedings against the company that, however unlikely, generates an exposure to paying out damages and legal costs. The buyer may demand some concession on the sale terms, require onerous warranties or withhold part of the price until the litigation is resolved or the threat disappears.

LBO insurance enables the sellers to pass the litigation risk onto an insurer, which enables the sellers to provide the comfort the buyers need to drop or dilute their demands.

LBO insurance cover can include:

  • the defendant’s (or potential defendant’s) exposure to damages,
  • defense costs.
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