Berkshire Hathaway Specialty Insurance vs CFC: Representations and Warranties Insurance

Berkshire Hathaway Specialty Insurance lists portfolio capacity up to $25 million; CFC describes up to $50 million on a core transaction and separate Buyer Protect or Seller Protect options below $20 million.

Kearny Risk organizes these comparisons for firms whose advice, content or technology creates professional exposures.Research updated 2026-10-01

What Are the Key Differences Between Berkshire Hathaway Specialty Insurance and CFC Representations and Warranties Insurance?

Published capacity and layering

Berkshire Hathaway Specialty Insurance’s 2025 overview reports up to $25 million in portfolio capacity, with premiums and retentions varying by transaction size and risk. CFC says it can underwrite up to $50 million on one transaction and up to $150 million of excess coverage for certain fundamental representations. These are different capacity measures, and the dated BHSI portfolio figure is not a current deal limit; neither published figure guarantees capacity for your transaction. [3] [5]

Product scope around the core policy

CFC describes buyer- and seller-side products, Buyer Protect and Seller Protect for deals under $20 million, and excess coverage; BHSI lists R&W within a wider Transactional Liability portfolio. Ask CFC whether either small-deal product applies and whether an excess layer is relevant; ask BHSI which Transactional Liability product is proposed for the exposure. Compare the policy scopes before treating either route as a match for the same deal risk. [5] [2]

What Should You Confirm in Berkshire Hathaway Specialty Insurance and CFC Representations and Warranties Insurance Quotes?

  • Ask CFC whether your deal qualifies for Buyer Protect or Seller Protect and whether the quoted limit is primary or excess. [5]
  • Ask BHSI what capacity is available for your transaction and how retention and premium are set. [3]
  • Confirm excess attachment points and which fundamental representations qualify for CFC’s excess capacity. [5]

CFC states up to $50 million on one transaction and up to $150 million excess for certain fundamental representations; BHSI’s 2025 overview reports up to $25 million in portfolio-wide capacity, a different measure.

Sources reviewed

  1. 01
    Mergers & Acquisitions

    Beazley · Product overview: buyer and seller protection for inaccuracies in representations or warranties · accessed 2026-09-16

  2. 02
    Transactional Liability

    Berkshire Hathaway Specialty Insurance · Product Highlights list R&W, tax, contingent-liability and class-action-settlement insurance; Top Targets list manufacturing, financial institutions, technology, real estate, energy, healthcare and retail, lines 6–27. The target list is for the transactional-liability portfolio, not exclusive R&W eligibility. · accessed 2026-09-28

  3. 03
    Transactional Liability Overview

    Berkshire Hathaway Specialty Insurance · PDF pp.1–2: R&W, tax, contingent-liability, and class-action-settlement products; portfolio-wide primary/excess and up-to-$25m capacity; premiums/retentions vary by transaction/risk; portfolio appetite and in-house claims group; R&W buyer-use descriptions; dated 2025-05-16-A. Product-specific limits and final terms not stated. Source version: 2025-05-16-A. · accessed 2026-09-28

  4. 04
    Regulatory information

    CFC · CFC Underwriting Limited; CFC Lloyd's Syndicate 1988 · accessed 2026-09-23

  5. 05
    Transaction liability insurance | Representation and indemnities insurance

    CFC · What are representations and warranties?; Who should buy representation and warranty insurance?; Available to buyers & sellers; Limited seller security; Is transaction liability insurance available to sellers · accessed 2026-09-16

  6. 06
    Transactional Risk Insurance

    Coverdash · Transactional risk insurance; representations and warranties coverage; buy-side policies; tax and contingent liability products · accessed 2026-09-16

Areas of coverage

Berkshire Hathaway Specialty Insurance

  • coverage: BHSI’s current U.S. Transactional Liability page and linked overview name Representations and Warranties Insurance as a product. Direct U.S. product listing; final coverage depends on transaction-specific contract terms.company-reportedSource ↗Source ↗
  • coverage: The U.S. overview describes R&W insurance as adding protection beyond negotiated caps and survival periods and as potentially reducing seller escrow. Company-reported transactional use cases; not a promise of clean exit, outcome or standardized policy response.company-reportedSource ↗
  • limits: The 2025 U.S. Transactional Liability overview states portfolio capacity up to $25 million and says premiums/retentions vary with transaction size and risks. Portfolio-wide underwriting capacity, not a guaranteed R&W limit or quote; document dated 2025-05-16-A.company-reportedSource ↗
  • eligibility: The current page lists manufacturing, financial institutions, technology, real estate, energy, healthcare and retail as transactional-liability target sectors. Portfolio target sectors, not R&W-only acceptability criteria.company-reportedSource ↗

CFC

  • role: CFC's Transaction Liability practice underwrites representations and warranties (R&W) insurance for M&A deals, available to both buyer-side and seller-side purchasers, alongside standalone small-deal products and secondary liquidity solutions. Transaction liability product page overview, describing CFC as a deal facilitator working with private equity firms and strategic buyers and sellers.company-reportedSource ↗
  • coverage: Beyond its main R&W policy, CFC sells two standalone small-deal products: Buyer Protect, described as covering a buyer for up to 100% of enterprise value, and Seller Protect, described as protecting sellers of small businesses during an M&A transaction. Both are limited to deals under $20 million. Product page descriptions and the 'Solutions' section, which caps buyer protect/seller protect at deals under $20m. The page's key-features bullets for these two products use near-identical wording about the buyer bringing a claim, so the exact difference in claims mechanics between the two products was not independently confirmable from this page alone.company-reportedSource ↗
  • coverage: The core transaction liability policy covers representations and warranties, contingent tax, and other M&A liabilities, and CFC also offers excess coverage layered on top for certain fundamental representations. Product page key features and the 'Limit & appetite' section; exact terms are set by the policy as issued.company-reportedSource ↗
  • coverage: CFC separately offers secondary liquidity solutions for private market investors acquiring, divesting, or restructuring interests in private equity, private credit, or other fund assets, through what it calls a dedicated secondaries underwriting practice. Secondary liquidity solutions section of the product page.company-reportedSource ↗
  • insurer: CFC says it underwrites transaction liability business on behalf of Lloyd's of London syndicates and insurance companies rated 'A' or better by AM Best, without naming a specific carrier for any individual deal. Limit & appetite section of the product page; the specific carrier for a given policy would appear on that policy's documents.company-reportedSource ↗
  • limits: CFC says it can underwrite up to $50 million of limit on a single transaction, or up to $150 million of excess coverage for certain fundamental representations. Limit & appetite section of the product page.company-reportedSource ↗
  • application: For the Buyer Protect and Seller Protect products, CFC says coverage can be placed within 24 hours of receiving the application form, and can be arranged after closing. Buyer protect and seller protect key features on the product page.company-reportedSource ↗
  • claims: CFC has a dedicated transaction liability claims team in its London and New York offices, says it has handled nearly 300 claims to date, and aims to send an acknowledgement within 24 hours of a claim notification. Claims section of the product page; outcome statistics are company-reported and not independently verified.company-reportedSource ↗

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