Market Trends H1 2020 vs. H1 2019: Representations and Warranties Insurance

Summary

This practice note discusses trends in provisions relating to representations and warranties insurance in acquisition agreements for transactions announced in the first half of 2020 as compared to transactions announced in the first half of 2019. The items discussed include the prevalence of representations and warranties insurance generally, which party pays the policy premium, retention amounts, and the effect of representations and warranty insurance on selected agreement provisions.