Insurance for mergers and acquisitions has grown significantly over the last several years as it allows buyers and sellers to share the transaction risk with a third party—resulting in benefit to both parties. In this chapter, Renee McMahon and her co-author provide an overview of the history an overview of the history and evolution of representation and warranty insurance, the needs it fulfills for the parties during the deal process, general terms and components of policies, elements of a breach of a representation or warranty, the claims process, and the quantification of the loss.
Crafting successful representations and warranties insurance claims: Establishing liability, quantifying losses