Transactional Risk Insurance

We have created a policy to protect both parties in a transaction against financial losses arising from an unintentional and unknown breach of the seller’s warranties.

Chubb’s products can help maximise the value and returns of a deal, bridge the gaps that threaten deal closure, enhance a buyer’s bid in competitive auctions, and cover a seller for innocent misstatements.

Our underwriters have significant expertise in the sector gained from their years of underwriting and legal experience. 

Using the extensive Chubb global network, we provide cover for deals all over the world, and where necessary link to our dedicated team in the UK and US.

As part of a wider team, we also provide access to the full range of insurance solutions from Chubb, many of which can help with the insurance requirements that are triggered by a deal including:

• Contingent tax indemnity insurance
• Contingent liability insurance

Chubb’s W&I insurance covers losses arising from either unintentional or unknown breach of warranties and we cover the costs associated with defending any claims. The warranties apply to all aspects of a business, including; 

• Company structure and share capital 
• Accounts (audited and management)
• Assets (owned by the company)
• Material contracts (in force and valid)
• Insurance (existing policies)
• Employment matters (employees and remuneration)
• Real estate
• Compliance
• IT and intellectual property
• Tax

We provide distinct cover for either buyers or sellers, and we tailor the policy to each individual deal.

We underwrite both Asia Pacific-based and international businesses, servicing them through our network of local offices.

We offer policy limits of up to USD$100 million per risk.

• Facilitates transactions where there is a gap in commercial expectations or negotiations
• Differentiates the buyer in a competitive auction process
• Protection against the collectability or solvency risk from a seller’s unsecured liability

• Facilitates transactions where there is a gap in commercial expectations or negotiations
• Quicker access to sale funds
• Individual sellers can protect themselves against default by other

To consider a risk, we’ll need to know:

• Transaction information about the target, the seller and the buyer
• Background to the deal, including rationale, auction process and value

Documentation relating to:

• Information memorandum
• Accounts and management accounts
• Share Purchase Agreement
• Disclosure letter
• Due diligence report
• Data room access

Chubb insurance is issued by Chubb Insurance New Zealand Limited (Chubb) Company No.104556, FSP No. 35924. Chubb only provides factual information and does not consider your objectives, financial situation or needs. To decide if this product is right for you please refer to the policy.