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International Transactional Risk Insurance
Risk Scenario
Who’s it for:
Typically, it is the buyer in the M&A transaction who is the insured party, but our products are designed to meet the needs of both buyers and sellers and to support the M&A activity of all dealmakers, including:
- Private equity sponsors
- Venture capital funds
- Strategic and major corporate investors
- Other business owners
What it covers
As our core product, Warranty & Indemnity insurance provides protection against financial losses, including costs associated with defending claims, for certain unintentional and unknown breaches of the seller’s warranties – i.e. when certain contractual statements made by the seller in the acquisition or merger agreement about the business being sold turn out to be false or untrue.
Tax Liability and Contingent Risk policies respond to financial loss associated with known risks (whether potential tax liabilities or other) within a business that have, typically, been uncovered during the buyer’s due diligence exercise.
Risk Protection and more
- Clean exit for the seller
- Can extend or enhance the warranty duration and/or liability cap
- Deal process and/or negotiation facilitation
- Bid differentiation for a potential buyer in a competitive auction
- Relationship protection where the buyer and seller continue to work together after the deal is done (so buyer can claim against the policy instead of pursuing the seller).
- Reputation protection by avoiding litigation (which may be public).
Related Products
FAQS
No, our Global Transactional Risk practice and worldwide capabilities (operations in 54 countries and insurance licencing far beyond) can service the transactional risk insurance needs of our global clients operating in an inherently cross-border M&A landscape.
No, our products can be adapted to protect either the buyer or the seller. That said, for a number of reasons (including a more direct first-party claims process and likelihood of broader cover), it is most typical for the buyer to be the named insured on the policy (and the seller will still benefit indirectly as the policy provides the buyer with an alternative avenue to recoup any financial loss).
No, our underwriting can commence at any time during the deal process. We typically need at least 10 business days to complete our process to be ready to bind cover, but we are very used to moving quicker to meet the deal timetable. You can even bind cover after the deal closes. That said, we would always recommend engaging the W&I insurance process as early as possible to give our underwriters the best opportunity to provide the broadest possible cover and the best available terms for the transaction at hand.
Yes, Transactional Risk / Transactional Liability and M&A insurance are interchangeable terms for the business line that encompasses insurance solutions for M&A transactions.
“Reps and Warranties” or “R&W” is the name given in the US to the Warranty & Indemnity (W&I) product – our global team can facilitate an R&W policy in North America.