An important element of any successful corporate transaction is the correct determination of whether — or how — insurance coverage continues following the closing of the deal. When disputes arise over such coverage, clients need legal counsel with experience in insurance law, corporate matters and commercial litigation.
Our deep understanding of how corporate mergers, acquisitions and reorganizations affect the insurance rights of corporate insureds places us at the forefront of the industry. We have successfully obtained rulings in favor of insurer clients from many courts that insureds may not assign insurance rights to new corporations or third parties without insurer consent and that insurance may not be transferred by operation of law. We also have successfully obtained precedent-setting rulings establishing that dissolved corporations cannot be sued in violation of state law barring suits against them, even where insurance policies allegedly remain unexhausted, and that insurance policies may not be treated as an “asset” or fund available to claimants in the absence of actual tort judgments against insureds.