The global M&A boom has spurred an increase in the use of representation and warranties insurance (RWI) as buyers seek to differentiate their bids in an ultracompetitive marketplace and sellers look to maximize returns and minimize post-closing risk. A letter of intent that incorporates an RWI policy can influence a seller’s ultimate decision when selecting a buyer.
Our panelists discussed leveraging RWI at each stage of a transaction to mitigate post-closing risks and maximize the policy’s overall value.
- Considering RWI in letters of intent
- Using RWI to push during diligence
- Negotiating a purchase agreement using RWI
- Addressing exclusions with proper diligence
- Bradley S. Austin, Partner, McGuireWoods
- Ann Terrell Dorsett, Counsel, McGuireWoods
- Joseph T. Polonsky, Associate, McGuireWoods
- Michael B. Wakefield, Vice President and Transactional Insurance Practice Leader, McGriff, Seibels & William
Visit McGuireWoods’ highly regarded Insurance Recovery Blog for continued discussion on recent trends in RWI.