EXPERTISE: W&I / R&W AND BREACH OF WARRANTY CLAIMS

We help claims professionals and lawyers navigate the complex valuation and accounting issues arising in Warranty & Indemnity (also known as W&I, Representations & Warranties or R&W) insurance claims. Our expertise also allows us to assist more generally with other breach of warranty claims, whether or not there is a W&I policy in place.

When instructed we will quickly look to identify the key valuation and accounting issues that need to be understood for an early and effective coverage and quantum assessment, including the:

  • Form of the alleged breached warranty;
  • Type of warranted financial information;
  • Other warranties that may have been breached;
  • Relevant accounting standards;
  • Purchase agreement and insurance policy provisions;
  • Likelihood of a ‘multiplier’ being applicable to the claim;
  • Extent to which the buyer may have already been compensated for loss/damage.

Our aim is to facilitate prompt and commercial claims settlements or advance payments wherever possible. In particular:

  • We understand that insurers or sellers may at least initially prefer to reduce the extent of burdensome and time-consuming disclosure or information requests, and instead where possible work with materials obtained during underwriting or in the public domain. We have a strong knowledge of the typical extent and form of such information and its limitations;
  • We also understand that insureds or buyers may initially prefer to ‘test the water’ rather than incur significant investigation costs, and/or in a W&I context put a greater onus on the insurer to investigate the claimed warranty breach. We can help you to focus-in on the key areas that insurers or sellers will look at when assessing a claim.

We can also leverage the extensive industry expertise and expert witness experience available across the wider C. Lewis network.

Please contact Tom Havers, Director, W&I Services, with any questions about these services.

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