Transactional liability

We advise insurers on all stages of the transactional liability lifecycle, from wordings and underwriting considerations to liability and quantum disputes with policyholders.

We understand the unique importance of balancing the need to maintain relationships with the importance of ensuring an appropriate resolution of claims made against transactional liability policies.

Our team has the unique benefit of bringing together specialist RW&I coverage lawyers, leveraging the deep sector knowledge of our in-house dedicated corporate and commercial team and corporate tax teams.

While we have a wealth of experience defending claims brought against insurers under transactional liability policies, we aim to be a true partner to our clients, providing assistance with continuous development of policy wordings, bespoke assistance on due diligence when underwriting specific acquisitions and conducting internal reviews and triaging services on the acquisition of new books of business.

We regularly represent insurers in relation to claims made from alleged:

  • breaches of Financial Statement misrepresentation
  • loss of material contracts/failure to disclose onerous contracts
  • failure to properly disclose CapEx requirements
  • breaches of tax covenants

Our lawyers

Our team combines specialist insurance coverage lawyers, with dedicated corporate and tax lawyers (one of whom used to work as a W&I underwriter!)

Our experience

Examples of our coverage advice we have provided to insurers includes claims relating to:

  • ‘over-reported’ income in accounts warranties (arising from the sale of a championship golf course), alleged to amount to £3.8m
  • failure to disclose onerous contracts relating to a ‘loss leader’ deal to supply parts to major car manufacturer
  • failure to comply with, or disclose, tax covenants amounting to £4.5 million
  • failure to disclose existing adverse litigation, intimated pre-sale, amounting to $2.25 million
  • failure to disclose the loss of valuable client contracts, amounting to £1.5 million
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