Merger Agreement Insurance

Richard D. Harroch is Managing Director and Global Head of M-A at VantagePoint Capital Partners, a large venture capital fund in the San Francisco area. He focuses on internet, digital media and software companies and has been the founder of several Internet companies. His articles have been published online in Forbes, Fortune, MSN, Yahoo, FoxBusiness and AllBusiness.com. Richard is the author of several books on startups and entrepreneurship and co-author of Poker for Dummies and a Wall Street Journal bestseller on small businesses. He is co-author of Bloomberg`s recent 1,500-page book, Fusions and Acquisitions of Privately Held Companies: Analysis, Forms and Agreements. He has also been a corporate partner and M-A at the law firm orrick, Herrington-Sutcliffe, with experience in start-ups, mergers and acquisitions, as well as venture capital. He has been involved in more than 200 M-A operations and 250 start-up financings. It can be reached via LinkedIn. Since most representations and guarantees are subject to mandatory arbitration clauses, there is little legal authority in this area.

Arbitration cases may also be subject to confidentiality agreements that prohibit parties from disclosing essential procedural information. As a result, we do not see significant changes in the law with respect to this type of insurance compared to other areas of insurance law, where there have been significant public litigation and many public appeal decisions. In addition to the above and more importantly, the Court decided that there was no coverage because the insurance company did not approve the transaction until it was entered into by the sellers. The insurance company was not informed of the claim until after the conclusion of the negotiations. The sellers argued that the insurer could not prove prejudice, but the Court held that there was no duty of prejudice in the policy – the authorization requirement for insurance companies is ”absolute”. The key points of these insurance policies are: RCM-D, founded in 1885, is an independent and privately managed company. With its subsidiary RCM-D Self-Insured Services Company (SISCO), RCM-D is the 69th largest insurance broker in the United States.