Insurance Highlights

W&I Insurances are an alternative way to deal with M&A transactions.

We hereby introduce you to the "Warranty & Indemnity" insurances.

When it comes to the merger or the acquisition of companies, these programs guarantee the representations described by both counterparts in a Sale Purchase Agreements.
They substitute the escrow accounts usually more expensive and time consuming.
They may guarantee tax gap’s or liability buy-out as for example.
They can be bought by either the seller or by the buyer.

Buyer side policy:

prevents the Buyer from the financial consequences resulting from a breach of the representations and warranties given by the Seller/Warrantor. The Buyer claims directly against the insurer without having to claim first against the Seller.

Seller side policy:

covers the Seller/Warrantor for the financial consequences resulting from a claim made by the Buyer based on a breach of the representations and warranties given by the Seller/Warrantor.

What the policy does cover?

  • Breach of insured warranties
  • First and third party claims plus relevant defence costs
  • Unknown matters
  • Known matters are negotiated
  • At a minimum for the survival period of sale agreement
  • Fraud by the seller on buyer side policies
  • Over de minimis and threshold arrangements


They allow to free the seller from any liability versus the escrow account as the insurer is activated at first request.

Tailor-made solutions available.