Services and solutions addressing litigation risks include:
- Risk management due diligence: The discovery and quantification of risk — our key component in the process.
- Transactional products: We ensure your success by developing creative solutions to diminish exposures associated with the transaction.
- Ongoing risk management and consulting: After the transaction, we use Gallagher’s depth of resources to handle the ongoing risk management structured to meet your operational needs.
- Warranty and indemnity insurance.
- Prospectus liability protection to safeguard companies and their directors against litigation arising from the provision of misleading or inaccurate information in capital-raising documents.
- Tax opinion insurance to help remove the uncertainty relating to tax issues that may provide a barrier to closing a deal.
- Environmental insurance for protection relative to a transaction involving a property on which the extent of environmental damage is unknown. This type of liability solution offers protection for either party relative to future cleanup costs.
Our United Kingdom practice delivers direct access to international wholesale markets, including London and Lloyd’s. With experienced market personnel, our dedicated team in London will assist in implementing complex placements and portfolio programs.
With offices in Sydney, Melbourne, Brisbane and Adelaide, our Australia operational business divisions include:
- Gallagher Broking Services, which provides insurance brokerage and risk management services
- Gallagher Bassett Services serving as a third-party claims administrator
- Australis Group Underwriting, which is a general insurance underwriting agency
- Litigation against the General Partnership can cause a significant loss to the fund being managed and negatively impact the return of that fund
- Insuring the fund's risk requires expert attention at both the funds management and portfolio company level
- Fund wind-down solutions
- Single-point-of-contact with team of industry experts
- Projection of existing costs vs. estimated go-forward costs to help pricing model
- Cap legacy liability exposures
- Loss trend analysis
- Provide supporting documentation to lenders
- Identify uninsured exposures
- Risk management benchmarking
- Develop a post-closing plan and integration strategy
- Analyze collateral and letters of credit requirements
- Creative insurance solutions if deal becomes stalled
- Industry experts to provide day-to-day service
- Pricing and coverage optimization
- Continuous exposure identification with developing operations
- Claims handling and loss control services
- Performance-based fee compensation
- Multi-year plan (strategic planning with fund)
- Master fund programs for all portfolio companies to capitalize on economies of scale
- Tail coverage to protect against pre-transaction wrongful acts
- Prospectus liability coverage to protect companies against litigation arising from the provisions of misleading or inaccurate information in capital raising documents
- Environmental liability coverage for properties on which environmental damage is unknown or where usage has been poorly documented — used to cover cleanup costs
The service framework is a disciplined process that ensures that your risk exposures are identified, managed and financed through the most comprehensive and cost-effective program. It documents what to insure and how to insure it, thereby providing peace of mind with no gaps or overlaps. This framework includes:
- Corporate/fund structure review
- Review of investment style
- Analysis of committees and mandates
- Fund documentation review
- Needs analysis of investee companies
- Utilization of a risk review
- Review of insurance market conditions
- Insurer selection review
- Program design (limits, program options, etc.)
Marketing & Placement
- Development of a market engagement strategy
- Development of underwriter presentations for local and overseas
- Review of insurer terms
- Evaluation of effect placement
- Day-to-day service
- Policy issuance, maintenance and periodic meetings
- Technical advice
- Claims management
- Insurance manuals and certificates of currency