WarrantyClaimExpert

W&I Insurance Claim Support

Expert evidence for warranty claims brought under W&I policies, including insurer scrutiny and subrogation support.

Warranty and indemnity insurance has become market standard in UK M&A. Insurers often fund and drive warranty claim litigation through subrogation rights against the seller.

The forensic accountant's role in W&I claims is the same as in direct warranty claims: establishing the true financial position and quantifying diminution in value. However, W&I insurers typically conduct more rigorous expert evidence scrutiny.

W&I policies typically exclude fundamental warranties, fraud, and matters known to the buyer at signing. The expert must address whether the claimed loss falls within covered warranty categories.

Methodology

  • Assess policy coverage and exclusions
  • Quantify diminution in value for covered warranties
  • Support buyer or insurer claim preparation
  • Address insurer expert scrutiny standards

Frequently Asked Questions

Does the W&I insurer appoint its own expert witness?
Yes. W&I insurers typically appoint their own forensic accountant experts to assess quantum before deciding whether to pay and to manage litigation if disputed. Buyers should also instruct their own expert.
How does subrogation work in W&I claims?
After paying a claim, the insurer acquires subrogation rights against the seller, requiring proof the warranty was breached. Forensic accountants provide expert evidence in both the claim against the insurer and subsequent subrogation action.
What evidence do W&I insurers require?
Notification within the policy period, a detailed statement of the warranty breached, quantification of loss, and cooperation in pursuing subrogation. Forensic accountant expert evidence is central to establishing quantum.
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