Willis Towers Watson
Overview
WARRANTY & INDEMNITY


What is it?
(Representations and) Warranty and Indemnity insurance provides protection against the risk of a loss arising from a breach of a (representation and) warranty in a sale and purchase (or acquisition) agreement between a seller and buyer (of shares or assets) of a corporate entity or business.

(Representations and) Warranty and Indemnity insurance policy will pay or indemnify an Insured for a loss arising under a representations and warranty given in the sale agreement, subject to the terms of the insurance policy. It may also cover certain 'indemnities' given within the sale agreement but this may be dependent on the scope and nature of such indemnities.
Who should consider buying this insurance?
(Representations and) Warranties and Indemnity insurance should be considered by any:

Sellers:
Any entity and their directors, shareholder or stakeholder which is selling shares or assets in a company under a private sale.

Buyers:
Any entity, investor or financier which is bidding to buy shares or assets in a company under a private sale. It is particularly relevant in transactions involving a target business which is owned by:

– Trusts, banks or private equity houses
– Individual shareholders, or offshore or financially insecure
How do we add value?
FINEX Global consists of highly experienced and qualified professionals with both legal backgrounds and extensive experience of arranging insurance for complex corporate transactions over many years. Members of our team are the longest and most experienced specialist brokers in this field, as such we can offer clients a wealth of knowledge.

In addition, our team also consists of non-practicing corporate lawyers who understand and appreciate the sale process, critical commercial features and the timescales which these transactions demand.

We have led the development of this product into new territories. We have worked with many of the leading Mergers & Acquisitions advisers in negotiating and arranging (Representations and) Warranty and Indemnity insurance worldwide and often work closely with our local teams to create solutions for clients.

Insurers offering (Representations and) Warranty and Indemnity insurance
are limited and some insurers will only consider risks which are presented by those insurance brokers who have the knowledge and experience to
guide the client on the process of arranging such policies. We access the
full global insurance market and deal with these insurers on transactions
on a daily basis.

We can provide clients and their advisers with:

– Information insurers require (both initially and on-going)
– The structure of the policy and policy coverage
– Potential insurers appetite in the current market
– Access to the global insurance market
– Experience of previous representations and warranty and indemnity
   insurance placements
– The insurers underwriting process and timescales

We have a number of core initiatives which provide tangible value to our clients' risk management process including:
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