Berkshire Hathaway Specialty Insurance vs Foundershield: Representations and Warranties Insurance

Berkshire Hathaway Specialty Insurance lists R&W among transactional-liability products with capacity up to $25 million; Founder Shield brokers with outside carriers and describes buyer-side misrepresentation risks.

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

Berkshire Hathaway Specialty Insurance lists Transactional Liability target sectors; Founder Shield names buyer and seller audiences and says its general carrier-selection page uses A- or better carriers without identifying this deal’s insurer.

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
    Transactional Risk Insurance

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

  6. 06
    About Us

    Founder Shield · “Founder Shield is the innovation arm of The Baldwin Group”; company history and mission · accessed 2026-09-23

  7. 07
    How Do You Decide Which Carriers to Approach?

    Founder Shield · FAQ answer on carrier selection: works exclusively with A-rated (AM Best) carriers, matched by industry appetite · accessed 2026-09-23

  8. 08
    Representations and Warranties Insurance

    Founder Shield · What Is Reps & Warranties Insurance?; Who Needs Reps & Warranties Insurance Coverage?; What Does Reps & Warranties Insurance Cover? · accessed 2026-09-23

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

Sector and deal-party eligibility

Berkshire Hathaway Specialty Insurance lists manufacturing, financial institutions, technology, real estate, energy, healthcare and retail as Transactional Liability target sectors. Founder Shield describes its R&W practice for private-equity and other financial sponsors, strategic buyers, corporate sellers divesting a business unit and family-owned businesses being sold. These descriptions address different fit questions: industry for the target company and role in the transaction. A match on one does not guarantee underwriting acceptance. [2] [8]

Broker and carrier identity

Founder Shield is a retail brokerage that places coverage with third-party carriers; it says its R&W placements use carriers rated A- or better, but does not name the issuer before placement. BHSI lists R&W as one of its own Transactional Liability products. For diligence, the buyer should identify the insurer and review its terms in the proposed binder, regardless of which route brings the offer. [6] [7] [2]

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

  • Ask Founder Shield which carrier will issue the policy and confirm its rating and form. [7]
  • Ask BHSI whether your target sector and deal structure fit its appetite. [2]
  • Compare retention, covered representations, exclusions and any escrow effect. [8] [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 ↗

Founder Shield

  • role: Founder Shield is a retail insurance brokerage, described on its site as “the innovation arm of The Baldwin Group,” and places Founder Shield Representations and Warranties Insurance with third-party carriers rather than underwriting the policy itself. About-us page; applies to Founder Shield's brokerage model generally, restated here for this line.company-reportedSource ↗
  • eligibility: Founder Shield markets R&W insurance to private equity and other financial sponsors, strategic buyers, corporate sellers divesting a business unit, and family-owned businesses being sold. Representations and Warranties Insurance product page.company-reportedSource ↗
  • coverage: Founder Shield lists financial-statement misstatements, undisclosed tax liabilities, legal or regulatory non-compliance, and undisclosed contracts or leases as the kinds of seller misrepresentations the policy can cover, mostly on the buyer side. Product page; the issued policy and declarations control actual coverage.company-reportedSource ↗
  • limits: Founder Shield's page does not publish specific limit figures; it says premiums are typically a percentage of the negotiated policy limit, which is set per transaction. Representations and Warranties Insurance product page, checked 2026-09-23.not-disclosedSource ↗
  • insurer: Founder Shield says it places policies, including Founder Shield Representations and Warranties Insurance, only with carriers rated A- or better by AM Best, chosen for the client's industry. It does not name the issuing insurer for this line; that depends on which carrier the policy is placed with. General carrier-selection FAQ, not specific to this line's placements.company-reportedSource ↗
  • application: You request Founder Shield Representations and Warranties Insurance through Founder Shield's website or an insurance advisor rather than binding coverage directly; Founder Shield says its placement team then approaches carriers on the client's behalf. About-us and carrier-selection pages describe the general placement process, not a line-specific application form.company-reportedSource ↗Source ↗

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

Contact Kearny Risk