News & Analysis as of

Warranty Insurance Indemnity Insurance

A&O Shearman

Mistake: Sometimes all it takes is one letter...

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The Court of Appeal has found that an alleged typo in a warranty and indemnity insurance policy did not amount to an obvious mistake. As a result, the insurance did not cover the claimed breach of warranty....more

Goodwin

Cross-Border Transactional Risk Insurance

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As buyers seek acquisition opportunities worldwide, they often encounter sellers resistant to accepting meaningful (if any) liabilities for potential pre-closing exposures, causing buyers to look to the insurance market for...more

Woodruff Sawyer

Guide to Representations & Warranties Insurance - 2023 Edition

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The use of representations and warranties insurance (RWI or R&W) has become increasingly mainstream; it is used in an estimated 75% of private equity transactions and 64% of the time by larger strategic acquirers. Woodruff...more

Latham & Watkins LLP

Avoiding Buyer’s Remorse in M&A Deals

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Changing market dynamics have led buyers to assess available options to address post-closing target company issues. Amid the buoyant market of 2021 and early 2022, compressed deal timelines and frenzied competition...more

Latham & Watkins LLP

W&I Insurance: Hard Staple, Hard Sell?

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Warranty and indemnity insurance may remain a staple of European private equity, but are buyers changing course? Warranty and indemnity (W&I) insurance has become an important component of European PE transactions in...more

Hogan Lovells

Warranty and indemnity insurance – "do"s and "don't"s

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Warranty and indemnity insurance (W&I) in recent years has become a customary aspect of private equity and other M&A transactions, with investors well aware of the deal-enabling benefits (in particular, the transfer of risk...more

Morrison & Foerster LLP

MoFo Asia Buyouts Report: Update On Deal Terms – III. Escrow

Morrison & Foerster LLP on

We looked at 28 deals across Asia that were signed or closed pre-COVID in which the buyer or a group of affiliated buyers acquired all or a significant majority of the outstanding equity of the target, examined the common key...more

McDermott Will & Emery

Mind the Gap: Strategies for Addressing the Valuation Gap in European M&A Deals During and After COVID-19

McDermott Will & Emery on

In a climate where there are so many unknown factors challenging valuation methodologies, we explore a number of mechanisms that European dealmakers may consider during the Coronavirus (COVID-19) pandemic in order to bridge...more

Barnea Jaffa Lande & Co.

Israeli M&A players take note, the Warranty & Indemnity (W&I) Insurance market has matured

We have seen continued increase in the use of W&I insurance, particularly in Private Equity backed deals, and across the spectrum of transaction sizes. Insurance limits placed globally by Marsh in 2019 grew by 51% from 2018,...more

Latham & Watkins LLP

Minimising and Mitigating Risk in M&A - Trusted Tools and New Solutions

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In a complex and competitive market, minimising and mitigating risk in M&A is a key concern for deal teams. High demand for assets saw strong deal volumes and values in 2019, following a standout year in 2018. The search for...more

Williams Mullen

[Webinar] The Intersection of Rep & Warranty Insurance and Delayed Closings - December 10th, 11:00 am ET

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Join Williams Mullen Partners Jon Bliley and Hal Johnson as they discuss the issues that may arise should you face a transaction with a delayed closing where a rep and warranty policy is the buyer’s sole source of...more

Hogan Lovells

Warranty and Indemnity Insurance - The practice behind the promise (How to make an effective claim)

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Current W&I Insurance Market: Burgeoning market and growing claims experience - Private equity investors are well aware of the deal-enabling benefits of warranty & indemnity insurance ("W&I"). ...more

Hogan Lovells

Warranty and Indemnity Insurance - The practice behind the promise

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Global mergers and acquisitions transactions hit $3.5 trillion in 2018 making it the third-largest year on record for M&A by value. Within the private equity and real estate investment worlds, the insatiable appetite for...more

Latham & Watkins LLP

Corporate Buyers Poised to Reap W&I Insurance Benefits

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Warranty and indemnity insurance (W&I) has become a common feature of European transactions in recent years, amid a strong sellers’ market that has enabled vendors to offload risk to buyers. According to the most recent...more

Latham & Watkins LLP

Private Equity Buyers Poised to Reap W&I Insurance Benefits

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Warranty and indemnity insurance (W&I) has become a common feature of European transactions in recent years, amid a strong sellers’ market that has enabled vendors to offload risk to buyers. According to the most recent...more

Orrick, Herrington & Sutcliffe LLP

Newsletter Corporate - February 2017

M&A - Balance Sheet Guarantees: German case law has recently developed new requirements for drafting Balance Sheet Guarantees in Share Purchase Agreements. If not properly drafted, such Balance Sheet Guarantees may be...more

Latham & Watkins LLP

Warranty and Indemnity Insurance – Is the Silver Bullet Beginning to Tarnish?

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Warranty and indemnity (W&I) insurance products have been marketed as a “silver bullet,” which can bridge the gap between a buyer’s wish to receive proper deal protection and a seller’s aim of a clean exit. However, as the...more

Latham & Watkins LLP

The Rise of Warranty and Indemnity Policies in M&A Deals

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The use of warranty and indemnity (W&I) insurance policies in M&A deals has become increasingly popular in recent years. “This trend is becoming global,” said Rod Brown, a partner in Latham & Watkins’ Singapore office. “There...more

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