Rory Wilson and Marie Schwab explore the insurance playbook for private M&A in FT Adviser
Rory and Marie's insights were published in FT Adviser, 3 September 2026, and can be seen here.
Rory Wilson, Partner, and Marie Schwab, Senior Paralegal, in our Corporate & Commercial team, explore how transactional risk insurance is increasingly being used in private M&A transactions to help buyers and sellers manage risk, facilitate negotiations and support successful deal completion.
They explain the role of warranty and indemnity (W&I) insurance, including the differences between buy-side and sell-side policies, and how these products can provide a cleaner exit for sellers while offering buyers protection against warranty breaches.
Rory and Marie also examine alternative insurance solutions, including stapled and synthetic policies, highlighting how they can be used in different transaction structures where traditional warranty arrangements may not be suitable.
The article further considers specialist products such as contingent liability, tax liability, environmental liability and title insurance, emphasising the importance of considering insurance as part of transaction strategy from the outset rather than as a late-stage solution.
They conclude that while insurance can be an effective tool for overcoming challenges and creating deal momentum, its value depends on the specific transaction, the risks involved and whether the policy terms align with the parties' commercial objective.
Read the full article on the FT Adviser website, [subscription required].
