Berkshire Hathaway Specialty Insurance vs Lockton: Representations and Warranties Insurance

Lockton places RWI through former M&A lawyers and cites dedicated claims experts after a policy is bound; Berkshire Hathaway Specialty Insurance states portfolio capacity up to $25 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 Lockton Representations and Warranties Insurance?

Capacity and deal-team roles

Berkshire Hathaway Specialty Insurance’s 2025 overview states up to $25 million in Transactional Liability portfolio capacity, with premiums and retentions varying by transaction size and risk. Lockton’s reviewed R&W claims describe placement staffing but do not state a comparable capacity figure. BHSI’s ceiling is portfolio-level rather than a commitment for your deal, so ask both markets for the limit they will offer before comparing capacity. Lockton’s former M&A lawyers and Partner/Associate model describe service structure, not an available limit. [3] [6]

Support after binding

Lockton says it provides dedicated transaction-liability claims experts after a policy is bound and reports hundreds of millions of dollars in settled R&W claims. BHSI’s overview describes an in-house claims group for its transactional-liability portfolio, but the reviewed source does not assign that group to R&W claims. Ask both providers who handles an R&W claim after binding; Lockton’s aggregate result is company-reported, not a promised outcome. [6] [3]

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

  • Ask BHSI for transaction-specific capacity, retention and premium, rather than relying on its portfolio ceiling. [3]
  • Ask Lockton who will lead diligence and handle claims support after binding. [6]
  • Compare the issued policy’s covered breaches, exclusions and survival period. [6]

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 ↗

Lockton

  • role: Lockton's RWI Practice is staffed with former M&A lawyers and transaction advisors who Lockton says use a Partner/Associate model on every deal to provide 24/7 coverage; Lockton places RWI policies rather than underwriting them. RWI product page as read 2026-09-23.company-reportedSource ↗
  • coverage: Lockton describes RWI as a policy used to replace or bolster a seller indemnity or escrow in an M&A transaction, under which an insurer indemnifies the buyer for losses from an unknown breach of a representation or warranty in the deal agreement. RWI product page as read 2026-09-23. General description of how the product functions, not a specimen policy.company-reportedSource ↗
  • eligibility: Lockton frames RWI benefits separately for sellers (faster access to sale proceeds, reduced post-closing exposure, avoiding a guarantee) and buyers (broader protection, faster negotiation, avoiding conflicts in deals with meaningful seller participation), meaning both sides of an M&A transaction are the intended buyers of the product. RWI product page as read 2026-09-23.company-reportedSource ↗
  • claims: Lockton says it provides dedicated transaction liability claims experts after a policy is bound, and cites having helped clients settle hundreds of millions of dollars of RWI claims to date. RWI product page as read 2026-09-23. Aggregate claims-settlement figure is company-reported and not independently verified.company-reportedSource ↗
  • insurer: The RWI page does not name the insurers underwriting the representations and warranties policies Lockton places. RWI page checked 2026-09-23.not-disclosedSource ↗

Berkshire Hathaway Specialty Insurance publishes a portfolio capacity figure for transactional liability; Lockton describes former M&A lawyers and transaction advisors using its Partner/Associate model on R&W placements.

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
    Representations & Warranties Insurance | Lockton USA

    Lockton · The Certain Solution for Transactional Risk; Why clients consider RWI versus traditional indemnity; Seller/Buyer benefits; Claims · accessed 2026-09-23

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