Willis Towers Watson
Contingent risk
What is it?
Contingent insurance for Mergers & Acquisitions and other investment or financing transaction encapsulates insurance for a broad range of contingent risks which may be identified during due diligence conducted in the transaction process. It typically consists of known identified legal risks, including:

– Litigation insurance
– Shareholder disputes
– TUPE risk transfer
– Liquidation insurance/Successor liability
Who should consider buying this insurance?
Cover is taken out by the company or party who would primarily suffer loss if the contingent risk arose, i.e. a buyer in an M&A transaction or a liquidator in liquidation. If the risk is contractually transferred to another party, then cover can be structured to insure that party (e.g. the seller), investors or financers may require such contingent risk cover to be taken out by the company, in order to protect the valuation of the business and their investment / financial position.
How do we add value?
Contingent insurance is a highly bespoke and tailored cover, and therefore requires in depth understanding and experience. Our Transaction Solution team has one of the most experienced members in the market, whose experience has been gathered over 15 years and who has been involved in over 2,000 transactions. We have gained valuable experience and understand the needs to obtain certainty where such contingent risks can impact on the success of the transaction. We know the appetite of insurers in this small, focussed market, and use our knowledge to assist in designing bespoke policies.

We have a number of core initiatives which provide tangible value to our clients' risk management process including:
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