5 Tips To Achieve Seamless Insurance Coverage In A Deal, Law360, ft. Kevin Mattessich

Posted Jan 7, 2016

Kevin Mattessich, managing partner of KDV’s New York office, has been quoted in a Law360 article published January 6, 2016. Lawyers advising on a merger can easily overlook how a buyer’s insurance programs interlock with the seller’s, and those oversights can lead to unforeseen risks or gaps in liability coverage at the combined company. Several experts discussed how attorneys can ensure their clients maintain adequate insurance coverage once the transaction closes. Here is what Kevin has to say:

Indeed, pollution and environmental issues “may stay with the seller and may be an issue,” according to Kevin M. Mattessich, managing partner at Kaufman Dolowich & Voluck LLP. “The seller may have some lingering liability not addressed in the acquisition agreement or extinguished by the sale of the business,” Mattessich said.

“Sellers may seek a tail policy on D&O or other kinds of coverage to pick up any liability that wouldn’t otherwise be covered,” Mattessich said. “They want to make sure that they’re covered for what they’re doing up to the stage of selling their company and beyond.”

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