Berkshire Hathaway Specialty Insurance vs Gallagher: Representations and Warranties Insurance

Berkshire Hathaway Specialty Insurance's overview gives portfolio capacity up to $25 million; Gallagher places R&W with outside carriers for buyers and sellers, adding custom policy forms and pre-transaction diligence.

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

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 ↗

Gallagher

  • role: Gallagher's Executive and Financial Risk practice places representations and warranties (R&W) insurance for mergers and acquisitions with outside carriers; it does not underwrite the policy. Group-level executive-and-financial-risk practice page.company-reportedSource ↗
  • coverage: Gallagher describes providing analysis, custom policy forms and pre-transaction diligence to select markets and deliver R&W and tax-mitigation coverage for both buyers and sellers in M&A deals. Group-level executive-and-financial-risk practice page; a service description, not a specific policy's insuring agreement or exclusions.company-reportedSource ↗
  • eligibility: Gallagher also markets R&W insurance specifically to special-purpose acquisition companies (SPACs), bundling it with D&O coverage across the IPO and de-SPAC process for the business combination. Group-level executive-and-financial-risk practice page, SPAC subsection.company-reportedSource ↗
  • services: Gallagher says it has several dedicated attorneys who assist with M&A transactional insurance placements, including R&W, from start to finish. Group-level executive-and-financial-risk practice page.company-reportedSource ↗
  • insurer: The executive-and-financial-risk page does not name the insurer that would issue a given transaction's R&W policy. Checked the group-level executive-and-financial-risk practice page.not-disclosedSource ↗
  • limits: The page does not publish specific R&W limits, retentions or premium ranges. Checked the group-level executive-and-financial-risk practice page.not-disclosedSource ↗

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

Transaction analysis and policy design

Berkshire Hathaway Specialty Insurance describes R&W as a way to extend protection beyond negotiated caps and survival periods and potentially reduce seller escrow. Gallagher’s Executive and Financial Risk practice places R&W with outside carriers and describes pre-transaction diligence, market selection and custom policy forms for buyers and sellers. The buyer’s deal team can compare BHSI’s insurer product discussion with Gallagher’s brokerage-led diligence and placement work, then evaluate the terms each market offers. [3] [6]

Specialist support

Gallagher says dedicated attorneys assist transactional-insurance placements from start to finish. BHSI’s 2025 overview reports portfolio-wide capacity, not a current transaction commitment, and does not describe a comparable deal-lawyer service in the reviewed claims. If counsel coordination matters, ask Gallagher what the attorneys handle and ask BHSI who will answer transaction-diligence questions. Compare the offered insurer, retention and exclusions in each proposal. [6] [3]

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

  • Ask Gallagher which carriers and custom form options fit the transaction. [6]
  • Ask BHSI for deal-specific capacity, retention and pricing. [3]
  • Confirm who handles diligence questions and policy negotiation on your deal team. [6]

Berkshire Hathaway Specialty Insurance says R&W may extend protection beyond negotiated caps and survival periods; Gallagher says dedicated attorneys assist M&A transactional-insurance placements from start to finish.

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
    Executive and Financial Risk Insurance

    Gallagher · M&A Transactional Insurance, including Representations and Warranties and Tax Mitigation Insurance section; Special-Purpose Acquisition Companies (SPACs) section · accessed 2026-09-23

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