Warranty & Indemnity Liability

We have been working closely with the insurance market since the emergence of this class of business some 20 years ago, both in the UK and in various other European jurisdictions, and for over 10 years in respect of claims. We were involved in drafting some of the early bespoke liability policies and have been involved with the product as it has developed into the class of business it is today. Through this, we have gained a considerable amount of insight into this interesting area and its particular features and requirements.

We are able to tailor the services we provide to ensure that reasonable and proportionate investigations are conducted to suit the value and complexity of each individual case, having advised insurers previously both in respect of claims valued from tens of thousands of euros to those asserting loss in excess of €100 million.

Dispute resolution:  We are market leaders both in providing input into transaction liability due diligence at the underwriting stage, and in advising transaction liability insurers on coverage matters when claims are made under policies. We are one of the only firms in London to have an established practice advising insurers in both these respects and our corporate and tax teams liaise closely with our claims team to pool our experience for the benefit of our clients. Our advice is clear, commercial and conscious of reputational risk. We will vigorously defend unmeritorious claims.

Full Service: We utilise CMS’s full-service capabilities in a large number of jurisdictions across the globe to advise insurers on claims alleging breaches of warranty based on underlying facts or circumstances arising from a wide variety of sectors and subject matters. In the past, these have ranged from accountancy to environmental issues, from construction and property to tax issues, and from intellectual property to health and safety issues. 

For more information and detailed credentials, contact the Partner team, details above.