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Transactional Risk

Transactional risk insurance helps protect you from merger and acquisition (M&A) deal risks, whether you are a buyer or a seller. Marsh can help you asses your deal risks, optimize your coverage and risk management strategies, and minimize impacts to your bottom line.
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In the world of M&A, strategic buyers, private equity firms, and other deal principles face numerous challenges and risks in M&A transactions. To address these concerns, transactional risk insurance solutions such as representations & warranties (R&W) insurance, tax insurance, and contingent liability insurance– have become essential tools used by dealmakers to mitigate M&A-related risks and enhance returns.

Our transactional risk insurance specialists possess extensive industry experience, with backgrounds in M&A, corporate law, taxation, investment banking, and accounting. With their deep understanding of the ever-changing dynamics that parties facethroughout the entire transaction process, our experts are able to craft customized solutions that align perfectly with the fast-paced nature of deal timings.

As the global M&A landscape becomes  increasingly complex, the demand for transactional risk insurance is on the rise.  Through our strong relationships with leading transactional risk insurers worldwide, our specialists collaborate with international team members to provide comprehensive coverage that addresses local risk issues. Additionally, ur dedicated claims teams and resources are available to guide you through  any transactional risk claim process.

We offer solutions that help you to understand, quantify, and mitigate M&A-related risks, empowering you to increase deal value, maximize returns, and bridge gaps in deal structure. With marsh’s transactional risk insurance expertise, you can navigate the intricate world of M&A.

Note: Representations and warranties (R&W) insurance is the term used in the US and Canada; elsewhere the term warranty and indemnity (W&I) insurance is used.

Marsh’s Transactional Risk Practice is the world’s leading provider of transactional risk insurance advisory services for M&A transactions — including representations and warranties (R&W)/warranty and indemnity (W&I) insurance, tax indemnity insurance, and contingent liability insurance. In 2023, Marsh placed more than 2,000 transactional risk insurance policies on almost 1,200 unique transactions across the globe on behalf of our clients – representing over $49 billion in limits liability. Marsh employs over 120 dedicated transactional risk professionals around the world located in strategic centers of excellence (25 offices). The team consists of former M& lawyers, tax advisors, litigators, bankers, and seasoned risk management professionals who pride themselves on providing best-in-class services and advice to clients on the most complex M&A transactions, often under significant time pressure. Marsh’s Transactional Risk Practice focuses on providing best-in-class advice and solutions to M&A industry participants, with clients including investors in the alternative asset industry, including private equity, infrastructure, family offices, and pension investors among others, and corporate/strategic investors.

Specifically, M&A deal participants should seek to work with risk advisors that can offer:

Dedicated transactional risk expertise

Advisors with experience working on M&A deals can help identify potential challenges during the deal process for which insurance and other strategies can offer solutions. They can also help build insurance programs with terms and conditions aligned to specific risks.

Market knowledge, relationships, and insights

Not every insurer is the same, and it is important to select the right one, given the unique nature of each transaction. The right advisor can offer guidance on the risk appetites, preferences, and capabilities of various insurers and help insureds navigate the underwriting process.

Robust data and analysis

Along with a broker’s experience in working on previous transactions, peer benchmarking and other analytical tools can inform critical decisions about how to structure insurance programs, including selecting appropriate coverage limits.

Claims experience

Advisors with a history of working on complex transactional risk claims are uniquely positioned to provide guidance in the event dealings with an insurer take a contentious turn following a loss.

Our people

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Haoren Fu

Head of Transactional Risk, Asia

  • Singapore

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