Berkshire Hathaway Specialty Insurance vs Chubb: Representations and Warranties Insurance

Berkshire Hathaway Specialty Insurance lists R&W as part of transactional liability and capacity up to $25 million; Chubb underwrites buyer- or seller-side policies for unknown breaches and defense costs above a retention.

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

Both insurers describe R&W as changing negotiated deal indemnity exposure; Chubb identifies seller collectability risk for buyers, while BHSI notes potential escrow reduction.

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
    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

  5. 05
    Multinational Insurance Coverage and Solutions for Large Accounts

    Chubb · Specialty Coverage list: Representations & Warranties named among specialty coverages for large US and Canadian multinational companies · accessed 2026-09-23

  6. 06
    Representations and Warranties (R&W) Insurance

    Chubb · R&W Policy Highlights; Benefits of a Buyer-Side R&W Insurance Policy; Benefits of a Seller-Side R&W Insurance Policy · accessed 2026-09-23

  7. 07
    Transactional Risk Insurance

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

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

Deal indemnity and party concerns

Berkshire Hathaway Specialty Insurance describes R&W as extending protection beyond negotiated caps and survival periods and potentially reducing seller escrow. Chubb says a buyer-side policy can protect beyond the seller’s cap and survival limits and address seller collectability or solvency risk; its seller-side policy can backstop indemnity obligations and protect passive sellers from joint liability. Deal counsel should decide which negotiated exposure matters before comparing the two structures. [3] [6]

Covered breach and retention

Chubb describes financial-loss and defense-cost protection for certain unknown, unintentional seller representation breaches above a retention. BHSI’s overview identifies R&W as a product but does not provide equivalent trigger or retention details in the claims reviewed. The actual policy language will determine which breaches qualify and how much loss remains with the insured. [6] [2]

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

  • Ask Chubb to define covered breaches, retention and any exclusions for the deal. [6]
  • Ask BHSI for buyer-side and seller-side terms and the survival periods covered. [3]
  • Confirm how the policy interacts with the negotiated indemnity cap and escrow. [6] [3]

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 ↗

Chubb

  • role: Chubb underwrites representations and warranties (R&W) insurance directly, available to either buyers or sellers in an acquisition or merger transaction. R&W Insurance product page.company-reportedSource ↗
  • coverage: Chubb says the policy protects against financial losses, including defense costs, in excess of a retention, for certain unintentional and unknown breaches of the seller's representations and warranties made in the acquisition or merger agreement. R&W Insurance product page opening description and footnote.company-reportedSource ↗
  • coverage: For buyer-side policies, Chubb lists benefits including protection beyond the negotiated indemnity cap and survival limitations, protection against a seller's collectability or solvency risk, and support for distinguishing a bid in a competitive auction by requiring shorter survival periods and lower liability caps from the seller. Benefits of a Buyer-Side R&W Insurance Policy section.company-reportedSource ↗
  • coverage: For seller-side policies, Chubb says the coverage backstops negotiated indemnity obligations, which it calls a key benefit for private equity or venture capital funds at the end of their life cycle, and protects minority or passive sellers concerned about joint and several liability. Benefits of a Seller-Side R&W Insurance Policy section.company-reportedSource ↗
  • eligibility: Chubb's R&W product is part of its broader transactional risk suite serving large U.S. and Canadian multinational companies and their brokers; the reviewed pages do not state a minimum deal size for R&W specifically. Multinational large-accounts page Specialty Coverage list; R&W page does not itself state deal-size eligibility.company-reportedSource ↗
  • limits: The reviewed pages state that coverage applies in excess of a retention but do not publish specific limit, retention or premium figures; Chubb describes R&W policies as negotiated deal-by-deal. R&W Insurance product page as read on 2026-09-23.not-foundSource ↗
  • application: R&W insurance is placed through Chubb's transactional risk team working with the deal's buyer, seller and their brokers; the product page directs interested businesses to request a quote. R&W Insurance product page quote call-to-action.company-reportedSource ↗

Ask Kearny Risk to help relate this comparison to your services and contracts.

Contact Kearny Risk