Transaction and M&A insurance

Tailored protection for selected acquisition, tax, litigation and ownership risks. Underwriting depends on transaction documents, due diligence and the precise issue being transferred.

Start with the risk, then check how the cover is arranged. These examples illustrate possible losses, not promised claim outcomes.

Warranty & Indemnity

Addresses financial loss from insured breaches of warranties or indemnities in an acquisition agreement, subject to negotiated cover and the buyer's or seller's policy structure.

Illustrative example
After buying a business, the purchaser discovers an insured warranty about historical accounts was inaccurate.
Check the wording
Known issues, due diligence gaps, forward projections and purchase price adjustments commonly require exclusions or separate treatment.

Read the detailed Warranty & Indemnity guide

Back to cover list

Tax Liability Insurance

Addresses a specifically identified, uncertain tax exposure if a tax authority successfully challenges the insured tax treatment, potentially including agreed defence costs and additional amounts.

Illustrative example
A tax authority challenges the agreed tax treatment of a completed acquisition's restructuring steps.
Check the wording
The insured tax position, jurisdictions and covered amounts must be agreed; this is not ordinary tax audit fee cover.

Back to cover list

Contingent Liability

Specialist arrangement

Addresses an identified legal or contractual exposure whose outcome is uncertain, allowing selected financial consequences to be transferred after detailed assessment of the underlying circumstances.

Illustrative example
A buyer seeks protection against an unresolved contractual dispute affecting the business it plans to acquire.
Check the wording
Only the specified contingency and agreed loss categories are insured; weak evidence or highly probable losses may be unacceptable.

Back to cover list

Litigation Buyout

Specialist arrangement

Transfers agreed financial exposure from a known lawsuit, threatened claim or related group of claims, helping parties quantify litigation risk during a sale or restructuring.

Illustrative example
A seller seeks to isolate potential damages from existing litigation before completing a business sale.
Check the wording
Check whether defence costs are included, who controls settlement, retained liability and precisely which litigation outcomes trigger payment.

Back to cover list

Title Insurance

Addresses specified financial losses arising from defects in property ownership or other insured title risks, with the scope determined by the property and policy selected.

Illustrative example
After settlement, an insured ownership defect emerges and another party challenges the purchaser's legal title.
Check the wording
Disclose known defects for assessment; title insurance is not a substitute for conveyancing, building inspections or property damage cover.

Back to cover list

Source material

These primary sources explain product structures, including some overseas examples. Australian terms and availability need checking; the links do not confirm a BFY arrangement with an insurer.

  • AIG Australia: mergers and acquisitions insurance
  • AIG Australia: litigation buyout and special situations
  • Stewart Title Australia: known risks and limitations

Current update: 2026 merger reform and transaction insurance

Tell us what you need to protect

Describe the operation or the loss you are worried about. We can confirm the next step and whether we can assist.

Ask about your coverAll insurance categories