Overview
Harris Siskind assessed the use of reps and warranties liability insurance by sellers in M&A transactions, saying that, “even a year ago, buyers were able to quickly reject reps and warranties insurance. Now it’s standard. If you aren’t willing to accept it, you’re at a significant disadvantage to other bidders.” Even so, Mr. Siskind continued, “Personally, I’m still not a big proponent of these policies. I’m still afraid they won’t pay out when it comes down to it, though the brokers and insurers are adamant that they will.”
