News & Analysis as of

Representations and Warranties Purchase Agreement Representations and Warranties Insurance

Kramer Levin Naftalis & Frankel LLP

Drafting Effective RWI Coverage Exclusions

Coverage exclusions are a key risk management tool for transactional liability insurers. But they can also be traps for the unwary. In the event of a claims dispute, the insurer will likely bear the burden of proving that an...more

Goodwin

Reps & Warranties Claim Disputes in the Courts

Goodwin on

- Representations and Warranties Insurance (RWI) policies have been prominent over the last decade, but there are few court cases regarding coverage disputes. But this type of litigation appears to be on the rise in the court...more

Bennett Jones LLP

Representation and Warranty Insurance 2020 Update

Bennett Jones LLP on

More and more buyers are using representation and warranty insurance (RWI) to supplement or replace indemnities from a seller in the sale of a business in Canada. While some of our clients, particularly private equity funds,...more

Kramer Levin Naftalis & Frankel LLP

Deal Points Study: Representations and Warranties Insurance Continues Its Significant Influence on M&A Deal Terms

Every few years, we conduct a survey of current private M&A deal terms. Since our previous Deal Points Study was conducted in 2015, we have reviewed an additional 93 private acquisition agreements for our new survey for...more

Bennett Jones LLP

Representation and Warranty Insurance in M&A—What You Need to Know

Bennett Jones LLP on

Due in large part to greater awareness of the strategic value of representation and warranty insurance (RWI), an increasingly competitive underwriting market in Canada (resulting in lower costs, lower deductibles and more...more

McGuireWoods LLP

Maximizing the Value of Your R&W Insurance Policy

McGuireWoods LLP on

The global M&A boom has spurred an increase in the use of representation and warranty insurance (“RWI”), which is designed to protect the insured party against breaches of a sellers’ representations and warranties in a...more

Blake, Cassels & Graydon LLP

Rep and Warranty Insurance in Canada: A Market-Driven Option for M&A Negotiations

Canadian M&A practitioners are increasingly using representation and warranty (R&W) insurance as a competitive tool in deal negotiations. The insurance, which provides coverage for breaches of a seller’s representations and...more

Sheppard Mullin Richter & Hampton LLP

Mergers & Acquisitions Insurance - The growing use of rep and warranty protection in M&A transactions

The good news is that you can insure almost anything! In M&A transactions, buyers and sellers spend a great deal of time allocating risk relating to known and unknown pre-closing liabilities. The buyer’s view of the...more

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