Custom Indemnity | Institutional Indemnification for Complex Transactions

Our Expertise

Specialty Risk Transfer Solutions

We exist to solve a narrow problem: when a transaction requires an indemnification that no party is willing or able to provide.

Litigation Defense

We assume defense cost exposure for plaintiff counsel pursuing cases on contingency — backstopping adverse costs so counsel can proceed without putting their balance sheet at risk.

M&A Indemnification

We step in as indemnitor when a buyer requires post-closing rep & warranty protection that the seller cannot or will not provide — enabling transactions that would otherwise collapse.

Liquidation Coverage

We assume tail liabilities — tax, employment, vendor, and lease claims — so principals can dissolve the entity cleanly without lingering exposure.

Custom Structuring

If your situation doesn't fit a standard category, we can structure a bespoke indemnity. Every engagement individually priced, documented, and funded to close. Minimum $200K.

Who We Are

Permanent Capital. Precise Solutions.

Custom Indemnity is a specialty risk transfer firm backed by permanent capital. We exist to solve a narrow problem: when a transaction requires an indemnification that no party is willing or able to provide. Our principals have structured indemnities across litigation, M&A, and corporate wind-downs — each priced, documented, and funded to close.

Permanent capital backing
Initial response within 48 hours
All inquiries held confidential

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Track Record

Illustrative Engagements

The following are 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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We respond to all inquiries within 48 hours. Complete the form to begin a confidential assessment — no obligations, no pressure.

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Indemnity Details

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We structure indemnities for transactions $200K and above.

Your Situation

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We Assume the Liabilities Others Won't Touch