Sompo’s Transaction Risk Insurance team provides coverage to protect parties on either side of a merger or acquisition (M&A) transaction against losses arising from Warranties & Indemnities (W&I) breaches and other risks.
Common transactional risks relate to ownership of equity and assets, tax liabilities, financial statement accuracy, intellectual property, employee benefits and regulatory compliance. Our coverages include:
- Third party liability for sellers, defense costs and losses resulting from claims by the buyer for a breach of an insured warranty or a claim under an insured indemnity; misrepresentations in W&I relating to ownership, infringement, inaccuracies, etc.
- First party damage insurance to recover losses and defense costs, enabling buyers to enhance their negotiating position by reducing the indemnity ceiling and escrow requirements.
Target Classes
All industry sectors:
- Clients domiciled or conducting their key target business in Continental Europe
- Publicly traded, private and not-for-profit entities
- Large and Small/Medium Enterprise (SME) companies
Products
- Buyer-side W&I Insurance
- Seller-side W&I Insurance
- Seller-induced Buyer-side W&I Insurance
- Tax Liability Insurance (TLI)
Capacity
- €40M ($50M or equivalent in other European currencies) in capacity for W&I Insurance
Coverage Features
- Primary and excess attachments considered across all products
- Local products in local language (French, German, Italian and Spanish) and English
- Worldwide coverage for European and global risks
- A pragmatic and flexible underwriting approach
- A locally empowered underwriting team
- Market leading wordings with a limited catalogue of mandatory exclusions
Claims Capabilities
- Dedicated TRI claims team, assisted by a European panel of renowned M&A lawyers
- International and European claims handling expertise
- Confidential, result-oriented and speedy claims resolution