Into the Breach Podcast – Episode 45: Across the Atlantic: How W&I Insurance Differs from North American RWI

Into the Breach is the first law firm podcast exclusively devoted to reps and warranties insurance and the transactional risk markets. Hosted by Seyfarth partners Bryan M. O’Keefe and Gena B. Usenheimer, each week the hosts in their unique, buoyant style, interview leaders from the industry, and explore the latest developments, market trends, and news impacting RWI and transactional risk insurance. Listen and learn more about each episode of the podcast in the links provided below:

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Episode 45: Across the Atlantic: How W&I Insurance Differs from North American RWI

In this episode of Into the Breach, Bryan O’Keefe and Gena Usenheimer are joined by Markus Rasner, partner at Oppenhoff in Frankfurt and co-head of the firm’s warranty and indemnity insurance practice, for a deep dive into the European W&I insurance market. Markus shares how the German market has evolved over the last two decades, discusses key differences between European W&I and North American RWI policies, and offers insights into pricing, underwriting practices, claims trends, and where the market may be headed next.

Topics discussed include:

• The evolution of the German and European W&I insurance market over the last 25 years
• Key differences between European W&I and North American RWI policies
• Data room disclosure concepts and the growing use of data room and report “scrapes”
• Standard and deal-specific exclusions
• The shift from underwriting calls to written underwriting processes
• Claims activity, litigation trends, and evolving approaches to damages and multiples coverage
• Why lower mid-market transactions are more commonly insured in Europe
• Markus’s outlook for the W&I market and advice for professionals entering the industry
• A quick guide to memorable day-trip destinations near Frankfurt, including Riesling country and the Nürburgring

Read the full transcript here.