What Are the Key Differences Between CFC and Chubb Representations and Warranties Insurance?
Small-Deal Products and Published Capacity vs Large-Multinational Focus
CFC says it can underwrite up to $50 million on one transaction or up to $150 million of excess for certain fundamental representations, and it sells Buyer Protect and Seller Protect for deals under $20 million. It works with private equity firms and strategic buyers and sellers. Chubb's R&W sits in its transactional-risk suite for large US and Canadian multinationals and their brokers, with no published limit, retention or minimum deal size. Choose CFC if your deal is under $20 million or you need excess above a primary R&W policy; choose Chubb if you're a large multinational and its team already covers you. [3] [4] [5]
Cover in 24 Hours, Even After Closing vs Deal-by-Deal Negotiation
CFC says Buyer Protect can cover a buyer for up to 100% of enterprise value and can be placed within 24 hours of application, including after closing. Chubb says its policy responds above a retention for certain unintentional and unknown breaches, including defense costs, and negotiates each deal individually. If you've already signed or closed without R&W, CFC documents a way to add it. [3] [5]
Contingent Tax Included vs Auction Strategy and Seller Backstop
CFC's core policy covers representations and warranties, contingent tax and other M&A liabilities. Chubb pitches buyer-side cover as protection beyond the indemnity cap and survival period, against a seller that can't pay, and as a way to accept a shorter survival and lower cap in an auction; its seller-side cover backstops the indemnity for PE or VC funds winding down and for minority sellers. [3] [5]
What Should You Confirm in CFC and Chubb Representations and Warranties Insurance Quotes?
- Ask CFC whether you're quoted on its main R&W policy, Buyer Protect, Seller Protect or fundamental-representation excess. [3]
- Ask Chubb for the retention, limit and whether the form is buyer- or seller-side. [5]
- Ask which company issues each policy: whether CFC's is a Lloyd's policy or company-issued, and which Chubb entity would issue. [3] [5]
- Check whether your deal size falls under CFC's $20 million Protect threshold. [3]
