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LIVA M&A Insurance Services

Litigation Insurance

Litigation Buy-Out Policy (during an M&A transaction): instead of the seller providing an indemnity for an on-going dispute at a target company, the seller and buyer can agree to purchase a Litigation Buy-Out Policy.

Litigation Defence (outside of an M&A transaction): where a company is the defendant in a litigation, they can purchase a Litigation Defence policy to minimise contingent liabilities on their balance sheet.

Insured:

Litigation Buy-Out Policy – Seller, Buyer or Target.

Litigation Defence – Defendant or Respondent (as the case may be).

Policy Period:

The policy period will be driven by the insured’s requirements, subject to a maximum of 10 years.

Cost:

Pre-Issue: litigation or arbitration has been threatened but proceedings have not been initiated. Premiums are 2% – 5% of the limit of liability.

Post-Issue: litigation or arbitration has been initiated. Premiums are 2% – 10% of the limit of liability.

Cover:

The insured event will be tailored to the risk and covers a wide range of litigation, including but not limited to: professional negligence; competition law; contract disputes; defamation/privacy claims; partnership disputes; and intellectual property.

The policy will respond to an adverse decision against the insured by a court or arbitrator and cover the damages awarded, defence costs and interest payments (if applicable).

Required Documents:

- A legal opinion with at least a 60% likelihood of the risk not crystallising.

- An assessment of damages.

- Case documents such as statement of case, defence, expert opinion and minutes of hearings.

LIVA can also arrange After The Event (ATE) insurance solutions and help provide litigation funding options for a claimant.