Evidentiary Hurdles in High-Value W&I Claims: Key Takeaways from the NSW Supreme Court
With continued activity in the field of M&A, there is an ongoing interest in insurance that helps to facilitate such transactions.
At Clyde & Co we have specialists advising insurers across a wide variety of transactional liability and insurance matters, in key jurisdictions around the world.
We are uniquely placed to assist underwriters with their transactional liability / warranty and indemnity (“W&I”) offering due to our teams’ depth of experience and industry knowledge; our lawyers include skilled litigators as well as practiced M&A advisors, tax and insurance experts with a key focus on regulatory and policy risks, enabling us to conduct holistic risk assessments.
Our experience in W&I insurance is unmatched: combining multi-disciplinary expertise across a number of areas and jurisdictions, our specialists are fully equipped to provide legal support on all phases of the W&I insurance lifecycle. We use our experience across this lifecycle to guide our risk assessment for each phase, allowing for a fully integrated approach.
Our global insurance disputes team has extensive experience advising on W&I claims, involving a broad range of issues such as breaches related to financial statements, material contracts, regulatory or legal compliance, tax, labour disputes, intellectual property, and licensing and fraud, often involving claims, investigations or activities in multiple jurisdictions and across a wide variety of industries.
Due to the broad spectrum of advisors available at the firm, we can also call upon specialists in other fields when required, including for example in the areas of energy, tax, accounting or employment.