Into the Breach is the first law firm podcast exclusively devoted to reps and warranties insurance and the transactional risk markets. Hosted by Seyfarth partners Bryan M. O'Keefe and Gena B. Usenheimer, each week the hosts in their unique, buoyant style, interview leaders from the industry, and explore the latest developments, market trends, and news impacting RWI and transactional risk insurance.
With the inter-connected nature of the global economy, M&A deals today frequently have international components. The transactional risk insurance markets have largely "split" by geography in terms of policy type offered, with "W&I" policies underwritten in Europe and Asia generally offering less robust coverage than "RWI" policies in North America. Some creative carriers have started to offer special "hybrid" policies to bridge the gulf in international deals and offer an integrated insurance solution that borrows from the best of both policy types with appropriate safeguards for insurers. In this episode, Bryan and Gena are joined by A.J. Kritzman, Senior Underwriter, Transactional Risk Insurance, Tokio Marine HCC, to discuss:
- An overview of international transactional risk insurance on international deals
- The key structural policy differences between "W&I" policies underwritten by carriers in Europe and Asia and "RWI" policies underwritten by North America carriers
- The treatment of disclosures and scheduled items under each policy type
- Current pricing trends for "W&I" and "RWI"
- How Tokio Marine can design a hybrid policy borrowing elements of "W&I" and "RWI" for your next international transaction
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