Environmental Liability

Identifying and addressing exposures.

We provide specialized expertise and tailored solutions that understand the unique complexity and uncertainty of each transaction.  Representations and warranties (R&W) insurance covers breaches of the representations given by the sellers and target company in an acquisition agreement, supplementing (or altogether replacing) a typical seller indemnity. Tax liability insurance covers losses (additional taxes, penalties, interest, legal defense) resulting from an insured transaction failing to qualify for its intended tax treatment. Contingent liability and distressed deal insurance covers non-tax liabilities of a target company disclosed or identified in due diligence that present obstacles to transaction pricing and completion.Insuring Risk in M&A TransactionsNFP’s Transaction Advisory Practice brings decades of experience in advising private equity clients and other acquirers on the structuring and placement of policies that insure M&A risks. Our team, led by an industry veteran with over 20 years of experience underwriting and broking transaction liability products, includes former M&A and tax attorneys and an experienced private equity professional. We advise on deals ranging in value from $10M to $10B+ and across all industry verticals. We work with all major insurance markets to tailor the best possible protection for your deal and your needs efficiently and without disruption to the M&A process.Representations and Warranties InsuranceR&W insurance protects M&A buyers from unknown risks arising from the pre-closing operations and ownership of the target company. Buyers use R&W insurance to gain a strategic advantage in auction processes while eliminating seller credit and payment risk and extending coverage term for breaches. When a buyer agrees to use R&W insurance, the sellers typically receive more deal consideration at closing and have a cleaner exit without long-term obligations. Further, both sides benefit from easier contract negotiations and increased deal certainty, while aligning buyer’s and sellers’ interests in the event of a claim.Tax Liability InsuranceTax insurance provides certainty to buyers and sellers against IRS (or other tax authority) challenges of specific tax positions reported by the insured. Policies typically cover additional taxes, interest, penalties and a tax gross-up for a term of seven years. In the context of an M&A deal, we can typically insure potential liabilities for historic target taxes that are identified by buyer in due diligence or the tax treatment of the acquisition transaction itself. Tax insurance can also be used outside of an M&A context to insulate a Company from tax uncertainty.Contingent Liability InsuranceWhen a known risk becomes an obstacle to completing an M&A deal, contingent liability insurance can eliminate purchase price disparities or cap litigation exposures at the target company. Damages are often uncertain at the time of a transaction and can unnecessarily complicate deal negotiations. These policies are tailored to your specific risk to provide certainty for the buyer without the need for excessive seller escrows or open-ended indemnification obligations.

Recognizing and addressing your risks.

Almost all businesses face the risk of claims from clients, regardless of size, industry or location. The reality is that mistakes and alleged negligence can occur in any field, especially in an increasingly litigious climate. Without the proper coverage, these kinds of claims can severely impact a business’ bottom line as well as your reputation. Our experienced team will provide you: Cost-effective solutions to your unique professional liability exposures Appropriate coverage solutions, including both alternative risk transfer mechanisms and more traditional insurance Deep market relationships and access developed over years of experience A collaborative approach that prioritizes our relationships with clientsFor professional liability, details matter. The most important detail is a thorough understanding of your business. A robust program should be fine-tuned to address your particular exposures using our integrated team of advisors, product specialists and claims advocates. Our team is dedicated to finding coverage that works for you, and is tailored to your specific exposures and liabilities. Our experts are seasoned professionals whose varied backgrounds, coverage proficiency and market knowledge are among the best in the insurance industry, and our strong relationships with the underwriting community are a reflection of our ongoing commitment to our clients. Our brokers have a collective 150+ years of insurance knowledge and expertise. Our team has worked at senior levels at many of the world’s largest insurance brokers and carriers.In this market, it is critical to have a team that was built for the moment. Whether your company has a multinational profile or has a single location, we have experience advising, placing coverage and handling claims at a company like yours. Contact us to discuss how we might be of service to your team today.We provide professional liability solutions to a range of industries, including the following: Consulting Legal Accounting Real Estate Media Liability Miscellaneous

Overseeing your thriving operation.

Lawsuits from municipalities, neighbors, employees and clients, risks to the security and integrity of your property or your data, reputational and regulatory risks — you need a solution to cover all your risk, but a one-size fits-all approach to your real estate insurance program leaves your unique holdings and operation vulnerable.NFP can help you cover all your vulnerabilities without sacrificing depth of coverage.Our real estate management liability experts are seasoned professionals with decades in the industry, maintaining deep relationships with all the major carriers, giving us access to the best options for you. We’re proud to leverage those relationships to tailor an insurance program that’s specific to your operation’s needs, including special coverage attention toward: Crime insurance Cyber insurance Directors and officers liability Employment practice liability Fiduciary liability General partnership liability In-depth claims analysis Kidnap and ransom insurance Mergers and acquisitions liability Professional liability insurance (E&O)NFP’s professionals dig deep, analyzing your financial information, combing through your website and digging through any other public data. Then we meet with your risk manager and other key personnel to understand your company’s culture, management’s appetite for risk and the prospects for future growth. After we’ve assessed your company and its needs, we determine which insurers are best qualified for the job.Allow our experts to begin work on a detailed, individualized solution specific to your organization’s potential real estate risks.