Transaction liability

Transaction liability insurance has become a valuable tool for M&A deal facilitation employed by both private equity firms and strategic buyers and sellers.

CFC has one of the largest dedicated transaction liability underwriting teams in the market, made up of former M&A attorneys, investment bankers and chartered accountants with real-world experience handling transactions of all sizes. We take a proactive approach towards addressing gaps in the market, creating innovative and commercially focused solutions for SME deals.

Transaction liablity insurance guide
Transaction liability

Representation and warranty insurance for both buyers and sellers, backed by the largest transaction liability team in London.

Explore our transaction liability products to learn more

Transaction liability

Transaction liability

Available to buyers & sellers offering cover for representations & warranties, contingent tax, and other M&A liabilities

Key features

  • Bespoke cover
  • Breach of warranties
  • Clean exit
  • Bid enhancement
  • Limited seller security
Seller protect

Seller protect

An innovative insurance policy designed specifically to protect sellers of small businesses from the risks they face during an M&A transaction.

Key features

  • Covers you in the event the buyer brings a claim against you for an innocent breach of the seller warranties
  • Legal counsel
  • Coverage can be placed within 24 hours following receipt of the application form
  • Coverage can be arranged post completion
Buyer protect

Buyer protect

An innovative insurance policy designed specifically to provide buyers of small businesses with peace of mind during and after the transaction, providing cover for up to 100% of enterprise value (EV).

Key features

  • Covers you in the event the buyer brings a claim against you for an innocent breach of the seller warranties
  • Coverage can be placed within 24 hours following receipt of the application form
  • Coverage can be arranged post closing
Secondary liquidity solutions

Secondary liquidity solutions

A range of bespoke solutions to private market investors who are acquiring, divesting or restructuring interests in private equity, private credit or other fund assets.

Key features

  • Dedicated secondaries underwriting practice
  • Speed and certainty
  • Dedicated M&A claims team

Why choose CFC for transaction liability insurance?

Established in 2016, our transaction liability team is made up of over 50 professionals based across CFC’s global office network. We facilitate deals and the allocation of risk using insurance backed solutions to support a range of acquisition and portfolio management strategies for both private equity and corporate clients. These solutions can be applied across a range of M&A structures, sectors, vintage years and geographies.

Solutions

We actively identify market gaps and develop innovative, commercially-driven solutions. We provide R&W and W&I insurance, buyer protect and seller protect (for deals under $20m), tax, secondaries, contingent, energy, real estate and renewables M&A transactions, excess insurance for fundamental representations, embedded insurance integration into M&A platforms, portfolio solution/roll-up acquisition insurance and transatlantic coverage for cross-border deals.

Solutions

Experience

We have insured over 2,000 deals across a range of industries worth over $590bn of deal value. Our global team of specialists is made up of M&A lawyers, accountants, investment bankers, insurance professionals and tax advisors which give us unparalleled knowledge and insight into the sectors and industries we underwrite. We view our role in transactions as deal facilitators and work collaboratively with clients to understand issues and ringfence risk. We recognise and respect the trust that our clients place in us.

Experience

Limit & appetite

We underwrite on behalf of Lloyd’s of London syndicates and insurance companies all of whom are rated “A” or better (AM best). We have the ability to underwrite up to $50m of limit on a single transaction or $150m of excess coverage for certain fundamental representations. We have appetite to underwrite a range of transactions with a focus on lower-middle market transactions, secondaries, real estate and tax deals.

Limit & appetite

Claims

With an award-winning claims team to support our underwriting team, we'll support you from the moment you make a claim. We have a team of dedicated transaction liability claims handlers based in our London and New York offices. To date, we have handled nearly 300 claims. We pride ourselves on responsiveness, with an acknowledgement sent within 24 hours of receiving a notification and a collaborative and efficient settlement process.

Claims

Meet the transactional liability team

  • Angus Marshall
  • Head of Transaction Liability
  • Ben Nelson
  • Transaction Liability Practice Leader
  • Grant Hollis
  • Transaction Liability Business Development and New Initiatives Leader
  • Steve Nagle
  • Transaction Liability Team Leader & Technical Manager
  • Brett Rawlings
  • Team Leader
  • Fred Lewis
  • Team Leader
  • Courtney Alonzo
  • Underwriter Manager
  • Matthew Guarnero
  • Transaction Liability Senior Underwriter
  • Alice Millar
  • Transaction Liability Senior Underwriter
  • Jack Cornick
  • Transaction Liability Senior Underwriter
  • Matt Aslan
  • Transaction Liability Underwriter
  • Sarah Cardiff
  • Senior Underwriter
  • Siddharth Anand
  • Transaction Liability Underwriter
  • Shameela Chowdhury
  • Transactions Liability Assistant Underwriter
  • Abigail Wigmore
  • Transaction Liability Assistant Underwriter
  • Jordan Zubeidi
  • Transaction Liability Underwriter (Secondary Transactions)
  • Michael Allen
  • Operations Manager
  • Luke Andrews
  • Transaction Liability Underwriting Assistant
  • Rob Lester
  • Transaction Liability Assistant Underwriter
  • Klevis Murati
  • Transaction Liability Underwriting Assistant
  • Margaret Onifade
  • Transaction Liability Underwriting Assistant

Our transaction liability private enterprise team

  • Joe Perrett
  • Transaction Liability Product Manager
  • Bilal Khan
  • Transaction Liability Private Enterprise Underwriter

FAQs

Why does transaction liability insurance exist?

Transaction liability insurance is a valuable tool to help buyers and sellers facilitate mergers and acquisitions (M&A). It means the sellers carry the risk for any liabilities which occurred when they owned the company. If these issues are then discovered after the transaction is completed and causes financial loss, the seller could be found to be financially responsible.

Representations and warranties are statements of fact. In an M&A transaction, the seller will represent and warrant certain facts about the company which they are selling. An indemnity is a legal promise to be responsible for a third party’s loss if a certain event is to occur.

Representation and warranty insurance is available to both buyers and sellers in private M&A transactions, and is most often purchased by the buyer. 

CFC also offers solutions for transatlantic M&A, portfolio acquisitions and secondary fund acquisitions.

CFC recently launched a first-to-market policy which provides small business sellers with cover for indemnity and defence costs resulting from a breach of sale contract. Learn more about how M&A insurance can help sellers facilitate their deal here

Want to learn more about CFC's transaction liability policies?

Get in touch!