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Insurance Considerations in Mergers and Acquisitions

Insurance policies may be considered significant assets of a company engaged in a merger or acquisition. Although comprehensive general liability policies often contain an anti-assignment clause, such clauses normally are narrowly construed to bar assignment of rights under insurance policies only if the assignment expands the obligations of the insurer.

Tie-in Arrangements

A "tie-in arrangement," also known as "insurance packing," in the insurance industry consists of a lender's extension of credit to a borrower on the condition that the borrower purchase certain insurance, usually from an insurer with close ties to the lender. The premium amounts for the insurance are usually added to the amount of the loan without the borrower's request or knowledge, and he may not find out about the tie-in arrangement until the lender presents the pre-prepared loan documents at the closing of the loan.

Calculation of the Loss - Actual Cash Value or Replacement Value

In paying the loss suffered by a policyholder when property is damaged or destroyed, an insurance company normally will consider its obligation to be to pay the present or depreciated value of the property just before its loss. Thus, destruction of a well-used item could result in a minimal recovery for the policyholder. A policyholder may purchase a relatively inexpensive rider to the policy providing for reimbursement of the replacement value of the damaged or destroyed item. Examination of the insurance policy and any rider should provide details on coverage under the policy for either actual cash value or replacement value.

Lloyd's of London

While references are made to insurance policies from Lloyd's of London, Lloyd's is not an insurer. Rather, Lloyd's is a market for various syndicates or groups that provide insurance against various risks.

Automobile Insurance Options

Standard automobile insurance policies provide both required and optional coverages. In most states, auto policies must contain liability insurance that provides for payment of damages caused by the policyholder. Coverage for damages to the policyholder's auto normally is not required (although it is purchased by most automobile owners).