Representation and warranty insurance (RWI) protects the insured against breaches of a seller’s reps and warranties contained in an acquisition or merger agreement. The use of rep and warranty insurance has accelerated over the past several years due to the recent uptick in M&A activity. This new popularity also reflects several other trends: multiple insurance companies offering RWI coverage, expanding coverage terms, evidence of payouts and broader familiarity and comfort with policy terms. These policies have become so common that in auction-based M&A transactions, the bid draft offered by the seller often incorporates an expectation that RWI will be used.
Buyer v. Seller RWI
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