calculating transactional risk

Contingent Liability Insurance

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Contingent Liability insurance is within the context of the transaction and protects against specific and known indemnities. Contingent Liability insurance can be flexible but may be subject to heavy negotiations on price and scope of coverage. Some examples of where this may be applicable are:

  • Specific Indemnity Obligations
  • Successor Liability Issues
  • Contractual Issues
  • Governmental Approval Contingency
  • Fraudulent Conveyance


  • Structure: Very flexible; can offer primary protection or sit excess to backstop existing obligations.
  • Applicability: Coverage for a wide variety of issues, such as specific indemnity obligations, successor liability issues, contractual issues, governmental approval contingency and fraudulent conveyance.
  • Cost: Pricing and retention are structured on a case-by-case basis but can range anywhere from 4-10%.