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INSIGHTS


Contingent Liability Insurance: Converting Financial Uncertainty into Financial Security
In the early 1980s, corporate risk management had a significant blind spot. Traditional insurance addressed risks such as fires, automobile accidents, and professional malpractice. But what about a multimillion dollar lawsuit already pending against a company, with an uncertain financial outcome hanging over its head? That was the challenge I set out to address at AIG in the early to mid-1980s, helping pioneer transactional insurance solutions, including tax liability, repres

Mike Mitrovic
7 days ago4 min read


How Private Equity Funds Can Use Contingent Liability Insurance to Offload Legal and Regulatory Hurdles in M&A Deals
One of the lessons I learned working with private equity and transactional insurance is that a known liability does not necessarily have to kill a transaction or even permanently depress a company’s valuation. A company or asset may have a significant underinsured or uninsured liability—litigation, environmental exposure, a toxic tort claim, or another contingent risk—that neither the buyer nor the seller wants to retain. The buyer may respond by substantially discounting the

Mike Mitrovic
Aug 242 min read


Contingent Liability Insurance: Turning Deal-Breaking Risk Into a Transactional Solution
In the late ’80s and early ’90s, I had the opportunity to develop yet another transactional insurance product in addition to representations and warranties insurance. That product was contingent liability insurance—a solution for underinsured or uninsured liabilities that were preventing the sale or purchase of companies or assets and, in some instances, inhibiting market capitalization growth and share appreciation. Typically, in these transactions, I would incorporate non-d

Mike Mitrovic
Aug 92 min read
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