Privilege Waiver Risks From Reps & Warranties Insurance Use

Law360 (May 21, 2021, 6:22 PM EDT) -- Over the last several years, representations and warranties insurance has become an increasingly popular alternative or supplement to traditional indemnification in mergers and acquisitions transactions.[1]

According to a 2019 Forbes article, representations and warranties insurance is used "to protect against losses arising due to the seller's breach of certain of its representations in the acquisition agreement."[2]

And according to a 2013 Westlaw article, parties are drawn to representations and warranties insurance policies because they "help bridge the distance between the buyer and seller and mitigate risk exposure" in an otherwise drawn-out and contentious process.[3]

The use of representations and warranties insurance does...

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