Transactional Insurance

Participants in complex, multiparty financings, mergers and acquisitions, and real estate transactions are increasingly looking to insurance to address financial risks inherent in such transactions. Mintz Levin's Financial Risk practice provides legal services in connection with the use of transactional insurance products, credit enhancements and/or derivative arrangements that respond to these risks. 

Transactional insurance products protect a party's financial interest that is at risk due to the nonperformance of another transaction party or to other events beyond the concerned party's control. These risk transfer arrangements are used in domestic and international transactions involving companies ranging from the Fortune 100 to the Middle Market to address tax, corporate, balance sheet, regulatory, and financial issues. These products include Mergers and Acquisitions (M&A) Insurance, Tax or Tax Opinion Insurance, Regulatory Qualification Insurance, Environmental Insurance and Litigation Buyout or Loss Mitigation Insurance.

The Financial Risks practice provides a comprehensive range of legal services to both U.S. and international insurers and insurance purchasers, including the design of new products and work on actual M&A and financing transactions and real estate transactions utilizing these products. Insurers frequently call upon us to provide advice on underwriting issues and the structure of the insurance arrangements, followed by the requisite services to implement and document these transactions. Similarly, the Financial Risks practice frequently assists insurance purchasers in incorporating transactional programs for specific deals, in obtaining quotes and in navigating the negotiation of a policy wording and related documents.