Trends in the Warranty & Indemnity market – An insight from leading participants
Trends in the Warranty & Indemnity market – An insight from leading participants
5 Key trends in the Warranty & Indemnity Market
Discover the key trends and issues in the complex Warranty & Indemnity (W&I) market. This is invaluable insight for any M&A dispute lawyers, M&A corporate lawyers, insurers and brokers and the wider M&A world.
Over a period of 12 months, we have hosted a number of roundtable discussions and a survey with experts in M&A Warranty & Indemnity in order to provide insight into and understanding of the key trends and themes in this complex market. We hope you find the short report informative and useful.
Some of the key findings include:
Breaches of accounting warranties
These are the most common area of dispute in a W&I claim. When claims are brought under other warranties, they often fold back into the accounting warranties, leading to an accounting claim being made at the same point. Alleged accounting warranty breaches are often the route taken by claimants when other claims fail and they are sometimes used as a ‘catch-all’.
Accounts free from “material or significant errors
Warranties often refer to the Accounts as being free from ‘material’ or 'significant' errors, however determining whether a breach of warranty is material in value or nature is often an area which is not clear cut and requires professional judgement depending on the accounts that were warranted and the level of alleged misstatement, as well as any wording in the SPA or insurance policy.
Settlement & Mediation
The vast majority of W&I disputes (both insured and uninsured) are resolved via settlement negotiations between the parties. Where settlement is not possible the second most popular form of dispute resolution is through mediation whereby an independent individual can take the emotion out of the situation and encourage a resolution.
Growth of W&I Insurance
The W&I insurance market has evolved significantly in the last 10 years, the majority of our survey participants said that they had seen W&I insurance being used on between 40 and 60% of all transactions they had been involved in.
W&I Insurance premiums
The survey and Roundtable attendees agreed that W&I insurance premiums can fluctuate, depending upon market circumstances, but typically they are between 1 – 2% of the policy limit.
Support with W&I claims
BDO’s Forensic M&A Services team have experience of working alongside lawyers, insurers and insureds to provide expertise in assessing both potential liability and the quantum of warranty and indemnity claims. Our approach is one that:
- Ensures collaboration through working with other advisors to co-ordinate and undertake the work in an efficient way
- Provides transparency by providing up front details of likely costs and timescales involved
- Demonstrates a phased step-by-step approach where claims are more complex or for higher amounts
- Utilises the significant experience and knowledge of our team across all aspects of the transaction and across key sector specialisms
For help and advice on your W&I claim please contact Sat Plaha in Birmingham, Nick Andrews in London or Rosie Barnes in London.