What Are the Key Differences Between CFC and Founder Shield Representations and Warranties Insurance?
Small-Deal Products and Published Capacity vs a Broker’s Search
CFC underwrites transaction liability with stated capacity of $50 million per deal plus $150 million of excess for certain fundamental representations, and sells Buyer Protect and Seller Protect as standalone products for deals under $20 million. Founder Shield is a retail broker that places R&W with outside insurers rated A- or better by AM Best, names none of them, and publishes no deal-size limits. Choose CFC if your deal is under $20 million and you want a ready-made product, or if you need large fundamental-rep excess; choose Founder Shield if you want a broker to compare several insurers for a sponsor, strategic or family-business sale. [3] [5] [6]
Secondaries and Contingent Tax vs Buyer-Side Examples
CFC’s core policy covers representations and warranties, contingent tax and other M&A liabilities, and it also insures secondary transactions where investors move fund interests. Founder Shield gives examples of what its placements cover, mostly for buyers: financial-statement errors, undisclosed tax liabilities, regulatory non-compliance and undisclosed contracts or leases. If you are a fund doing a secondary, only CFC names that cover. [3] [7]
Financial Sponsors and Family Sellers
Founder Shield names private equity and other financial sponsors, strategic buyers, corporate sellers divesting a unit and family-owned businesses. It says premium is typically a percentage of the negotiated limit. CFC writes on behalf of Lloyd’s syndicates and A-rated insurers. [7] [3]
What Should You Confirm in CFC and Founder Shield Representations and Warranties Insurance Quotes?
- Ask Founder Shield which insurer it is quoting, and CFC which syndicate or insurer backs your policy. [6] [3]
- Ask CFC whether you are quoted Buyer Protect, Seller Protect, core transaction liability or secondaries cover. [3]
- Ask Founder Shield which of its example misrepresentations the quoted form actually covers. [7]
- Compare premium as a percentage of limit across both quotes, including any excess layer. [7] [3]
