Institutional Risk Transfer
We Assume the Liabilities Others Won't Touch
Structured indemnification when a transaction needs a guarantor that doesn't exist. Litigation, M&A, and liquidation — transactions $200K and above.
Institutional Risk Transfer
Structured indemnification when a transaction needs a guarantor that doesn't exist. Litigation, M&A, and liquidation — transactions $200K and above.
Our Expertise
We exist to solve a narrow problem: when a transaction requires an indemnification that no party is willing or able to provide.
Adverse cost indemnities for plaintiff counsel pursuing cases on contingency — backstopping defense costs so counsel can proceed.
Post-closing rep & warranty protection when the seller cannot or will not provide it — enabling transactions that would otherwise collapse.
Tail liability assumption — tax, employment, vendor, and lease claims — so principals can dissolve cleanly without lingering exposure.
Bespoke indemnity for situations that don't fit a standard category. Every engagement individually priced and funded to close. Minimum $200K.
Who We Are
Custom Indemnity is a specialty risk transfer firm backed by permanent capital. Our principals have structured indemnities across litigation, M&A, and corporate wind-downs — each priced, documented, and funded to close.
Track Record
Representative of the types of transactions we structure. Details are illustrative.
Litigation — Adverse Cost Indemnity: Assumed $500K–$2M defense cost exposure for plaintiff counsel pursuing a class action on contingency, enabling counsel to proceed without balance sheet risk.
M&A — Seller Indemnity Gap: Buyer required 18-month rep & warranty indemnification that selling shareholders could not provide post-closing. Structured $1.5M indemnity to bridge the gap and close the transaction.
Liquidation — Professional Firm Wind-Down: Assumed tax, employment, vendor, and lease tail liabilities for a dissolving professional services firm. Total exposure: ~$750K over a 24-month runoff period.
M&A — Earnout Protection: Seller required indemnification against post-closing earnout calculation disputes. Structured $800K backstop covering 12-month period.
Litigation — Defense Cost Cap: Law firm required an indemnitor to cap defense cost exposure at $350K for a commercial dispute. Provided adverse cost indemnity so the case could proceed.
Confidential Inquiry
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