Ethos Specialty’s Transactional Liability team offers multiple solutions including Representations and Warranties (R&W), Tax, and Contingent Risk insurance. View more information on each policy by navigating to the individual program pages below.
Within the context of a merger or acquisition (M&A), a gap may exist between the level of warranties offered by a seller and the level that the buyer will accept. The Ethos Specialty Representations and Warranties (R&W) insurance product bridges that gap by transferring unknown and unforeseen risks to an insurer. The R&W policy provides coverage for losses incurred because of breaches of representations and warranties in an M&A agreement. The use of the policy eases contentious negotiations around the scope of representations and warranties level of indemnity and provides value for both the sellers and buyers in a transaction.
Tax insurance provides an insured with protection against a loss in the event that a tax position taken on a tax return is challenged by a taxing authority. Tax insurance is often utilized within the context of a merger or acquisition (M&A) when a known tax risk is identified in diligence. Tax insurance is also utilized to minimize risks arising from internal tax planning.
Contingent Risk Insurance provides protection for an insured that may experience a loss due to an adverse outcome in a legal or financial contingency. Such risks are most commonly legal risks, but insurance may also be available for intellectual property-backed debt facilities and other unique situations. Contingent Risk Insurance is often utilized to limit the potential downside risk arising from discrete litigation outcomes.
