Skip to main content
February 25, 2026 | less than a minute read

Tracking Emerging Insurance Trends

The market is increasingly leveraging insurance in innovative ways beyond traditional coverage. 

Representation and warranty insurance can protect M&A relationships, while litigation buyout policies may help manage known risks, sometimes for reputational reasons when indemnifying a “bad actor” could harm the company’s image. Tax and IP collateral insurance also address specialized exposures.

Manuscript policies allow custom coverage for unique exposures, like software performance guarantees, AI liability, or crypto-related operations. Captives, or company-owned insurers, give companies more control over risk and access to reinsurance, with recent Delaware law changes increasing flexibility by permitting D&O coverage in captive structures. 

AI is increasingly being used in underwriting, claims handling, fraud detection, and customer interaction, but AI‑related risks usually require tailored manuscripted terms for proper coverage. 

Learn more by viewing the full “Insurance Practical Tips and Trends” CLE webinar by registering here and clicking the “On-demand program access” link.