Risk Management During Mergers and Acquisitions

Letting you make moves with confidence.

Mergers and acquisitions are a key part of many companies’ business plans – but they can also have a significant negative financial impact if not evaluated properly. There are many facets in managing and evaluating a proposed merger or acquisition, but an area that is often overlooked is a review of the insurance ramifications of any transaction.

Whether you are in the position of buyer or seller, our team of experts can help you negotiate the insurance-related pitfalls of these complex deals, account for the potential liabilities associated with the transaction, and ensure you are properly protected and have accrued the appropriate costs after closing.

No transaction is too small to be devoid of insurance concerns. In fact, often times the smaller, less sophisticated transactions require a high level of expertise to assess and evaluate available due diligence data.  Whether considering a small asset purchase, merger via change in control, or a large stock acquisition, we have the resources needed to assist with this process. As a result, you can keep your eye on the big picture and make moves with confidence.

Specific Areas of Mergers and Acquisitions Expertise

  • Insurance Due Diligence
  • Representations and Warranty Insurance
  • Environmental Insurance

Highlighted Mergers and Acquisitions Experience


Merger and acquisitions expertise is a critical resource given the current business climate. As a result, we engage in a systematic process which begins with an initial information request to commence our assessment. Depending on the deal complexity, we join our client’s due diligence team with access to any available data site. As we gather information, subsequent requests are made based on our ongoing assessment. Ultimately our efforts are consummated with a report which highlights the following key areas:

  • Current Insurance Cost Assessment including premiums and loss costs;

  • Insurance Coverage Evaluation to identify any historical and/or current deficiencies in policy terms and conditions, limits, coverages, etc.;

  • Assessment of ongoing and outstanding liabilities including security held;

  • Recommendations on coverage modifications, transactional coverage alternatives, and Mergers/Asset/Stock Purchase Agreement language based on our experience and to address due diligence findings; and

  • Preparation of an Insurance Cost Pro Forma post transaction.

Practice Leader

Terrence J. Tracy

Executive Partner, National Commercial Practice Leader

37 years of experience in financial services

Masters in Tax Law, Villanova University