OUR SERVICES
LIVA provides a range of M&A insurance services including W&I (R&W), Title, Tax, Environmental, Contingent Risk and IP insurances. We also offer insurance due diligence capabilities with local expertise (and local language capabilities) providing insight and value at every stage of the process.
Select a service:
Litigation Insurance
Litigation Buy-Out Policy (during an M&A transaction): instead of the seller providing an indemnity for an on-going dispute at a target company, the seller and buyer can agree to purchase a Litigation Buy-Out Policy.
Litigation Defence (outside of an M&A transaction): where a company is the defendant in a litigation, they can purchase a Litigation Defence policy to minimise contingent liabilities on their balance sheet.
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Insured: |
Litigation Buy-Out Policy – Seller, Buyer or Target. Litigation Defence – Defendant or Respondent (as the case may be). |
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Policy Period: |
The policy period will be driven by the insured's requirements, subject to a maximum of 10 years. |
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Cost: |
Pre-Issue: litigation or arbitration has been threatened but proceedings have not been initiated. Premiums are 2% – 5% of the limit of liability. Post-Issue: litigation or arbitration has been initiated. Premiums are 2% – 10% of the limit of liability. |
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Cover: |
The insured event will be tailored to the risk and covers a wide range of litigation, including but not limited to: professional negligence; competition law; contract disputes; defamation/privacy claims; partnership disputes; and intellectual property. The policy will respond to an adverse decision against the insured by a court or arbitrator and cover the damages awarded, defence costs and interest payments (if applicable). |
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Required Documents: |
- A legal opinion with at least a 60% likelihood of the risk not crystallising. - An assessment of damages. - Case documents such as statement of case, defence, expert opinion and minutes of hearings. |
LIVA can also arrange After The Event (ATE) insurance solutions and help provide litigation funding options for a claimant.