Health care lawyers may assist their clients with negotiating favorable terms in any merger, acquisition, asset purchase or other large-scale, entity-level transaction. We can craft an agreement that accurately reflects the parties’ intentions (i.e., what assets is the purchaser buying and what liabilities, if any, are coming along for the ride?). What health lawyers cannot always do, however, is provide the peace of mind that some insurance policies offer. As a result, many medical and dental professionals and practices are inquiring about the insurances available to protect them above and beyond what the contracts governing the transaction say. Following is a discussion of a few types of insurance coverage in addition to the common professional liability/E&O, general liability, property, products liability and workers’ compensation insurances with which most transactional and corporate attorneys and their clients are quite familiar. While the foregoing types of insurance get a lot of attention, there are lesser-considered policies that are worth your client’s attention.

Cyberinsurance

Starting with what is most topical and therefore most likely on the minds of business owners around the world, cyberinsurance—in the health care context—covers liability arising from data breaches of patient records. A company’s general liability insurance will often exclude breach-related liability, so cyberinsurance coverage can be a critical gap-filler to consider. This is particularly true during a merger or acquisition because such transactions often require the transfer from one entity to another of sensitive medical information.

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