Rory Wilson and Marie Schwab explore the growing role of transactional risk insurance in private M&A deals with Global Relay Intelligence & Practice
Rory and Marie's insights were published in Global Relay Intelligence & Practice, 30 July 2026, and can be seen here.
Rory Wilson, Partner, and Marie Schwab, Senior Paralegal, in our Corporate & Commercial team, spoke to Global Relay Intelligence & Practice about the growing role of transactional risk insurance in private M&A deals and explain how these products are increasingly being used to facilitate transactions, manage risk and help parties achieve their commercial objectives.
They outline the different forms of warranty and indemnity (W&I) insurance, which remains the most common type of transaction insurance, and explain how buy-side policies, now the dominant model in the UK, allow buyers to claim directly against insurers for warranty breaches, enabling sellers to achieve a cleaner exit.
The article also highlights the emergence of standardised W&I policies, designed for smaller and lower-mid-market transactions where bespoke underwriting may be uneconomic. These streamlined products are helping make transaction insurance more accessible across a broader range of deals.
Beyond W&I insurance, there are a range of specialist products used to address specific risks. These include contingent liability insurance for identified legal or regulatory exposures, tax liability insurance for known but uncertain tax risks, environmental liability insurance for pollution and environmental claims, and title insurance to protect against ownership disputes and undiscovered defects affecting shares or assets.
Transactional risk insurance is now a key feature of the private M&A landscape, with buyers and sellers increasingly drawing on a wide range of products to support deal execution. Insurance should be considered as part of the transaction strategy from the outset, helping to maximise value, minimise obstacles and improve deal certainty for all parties involved.
Read the full article on the Global Relay Intelligence & Practice website [subscription required].