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]
