For decades, we have been successfully advising both buyers and sellers on M&A transactions of all kinds. In doing so, we have observed a long-term trend: insuring against transaction risks is becoming increasingly important. At the heart of this is W&I insurance, where the term ‘W&I’ refers to the warranties and indemnities contained in company purchase agreements. Accordingly, the insurance covers risks arising from the company purchase agreement, which is of interest not only to private equity funds but also in the strategic M&A market.
Our cross-disciplinary team, specialising in M&A and Insurance Law, is highly familiar with W&I insurance solutions. Furthermore, through our Insurance Practice Group, we maintain close contact with insurance companies and insurance brokers. Thanks to the extensive experience of the lawyers at our firm, we are able to take the specific features of W&I insurance into account at an early stage in the transaction process and adapt the procedures accordingly – both during due diligence and when drafting the company purchase agreement.
Advice to both buyers and sellers on all types of M&A insurance solutions
Negotiating insurance contracts for both buyers and sellers
Supporting the seller in preparing W&I insurance solutions during the bidding process (stapled insurance)
Advice to the buyer on W&I insurance policies prepared, in particular, at the seller’s initiative (seller-buyer flip)
Advice to W&I insurers on the underwriting process
Providing insurance law support throughout the underwriting process
Review of Non-Binding Indication Reports (NBI Reports)
Assistance with the conclusion of the W&I insurance policy
Advice and assistance with the underwriting call
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