Litigaion buy out insurance enables the sellers to pass the litigation risk onto an insurer. This enables them to effectively ring-fence their litigation exposure, with the full financial risk of any litigation passed on to the insurer. This means the sellers are able to provide the comfort the buyers need to drop or dilute any demands.
Litigation buy-out insurance/LBO insurance cover can include:
– the defendant’s (or potential defendant’s) exposure to damages,
– defence costs