Warranty & Indemnity (W&I) Insurance

During the course of an M&A transaction, the parties and their professional advisers will negotiate a suite of warranties and indemnities in order to drive disclosure of information about the business being acquired and to apportion risk between the seller and buyer for unknown issues. 

W&I insurance provides cover for breaches of the warranties and indemnities which the parties have negotiated in the sale and purchase agreement. 

If the seller is the insured, a buyer would claim against the seller for breach and the seller would then claim against the policy.  If the buyer is the insured, the buyer would claim directly against the policy, without the requirement of claiming against the seller - the seller is therefore able to exit cleanly on completion of the transaction.

DUAL M&A covers risks across most jurisdictions within Europe.

Highlights:

  1. 1. Cover for unknown issues (which the seller has not disclosed or the buyer has not discovered during the due diligence exercise).
  2. 2. Seller-side or buyer-side policies.
  3. 3. Up to 7 years of cover for certain insured provisions.
  4. 4. Underwriting to meet the parties’ deal timetable.
  5. 5. Local language policies in a number of countries, underwritten by native speakers.