Global M&A Insurance: Considerations for Cross-Border Transactions

As Representations and Warranties Insurance (“RWI”) has become more of an industry norm in the United States, parties have increasingly sought to utilize U.S.-style RWI policies for cross-border transactions. There are, however, a number of differences between U.S. and international RWI coverage that all parties involved in a deal need to be mindful of from the start to help ensure a smooth transaction. In this article, partner Howard B. Epstein and special counsel Theodore A. Keyes, in collaboration with Stavan Desai of AIG insurance companies, discuss those differences.