Geoff Tan

Warranty & Indemnity Insurance

• Claims made under a buy-side policy where over 100 separate breaches of warranty were asserted relating to almost 20 different alleged heads of loss. The claims were in respect of a number of different problems identified following the purchase of the target, relating to Health and Safety, regulatory and property / plant and machinery issues.
• Kwik-Fit v Ageas [2014] EWHC 2178 (QB), relating to quantification of the loss for breach of warranty claims, and whether the parties and the court can have regard to post-completion events to assist with the assessment of loss.
• Coverage advice related to claims of breach of property-related warranties in a central European jurisdiction, working with locally based CMS colleagues, under a buy-side W&I policy. This matter was settled by mediation.
• Coverage advice on sell-side policy claims relating to asserted breaches of warranty arising from third party litigation in Asia / SE Asia, including analysis of covered and not covered / excluded elements of the claim, and assessing the proper level of cover under the policy.
• Arbitration proceedings relating to an asserted multi-million Euro loss allegedly arising out of Seller fraud.
• Front-end advice to Insurers on M&A deals for the purposes of underwriting a specific litigation risk policy.

Financial Lines

• Coverage advice under a D&O policy in respect of various regulatory, criminal and civil proceedings made against a European bank and its directors.
• Professional Indemnity coverage advice for insurers of a collateral manager on coverage issues relating to non-disclosure/misrepresentation and the duty of fair presentation following allegations made against the insured.
• Claims made under a D&O programme for a European Fintech company relating to a number of regulatory and criminal investigations and civil claims and cash recorded in financial statements which were later identified by auditors as not existing.
• The Construction Industry Vetting Information Group Litigation, which related to allegations that, amongst other things, a construction worker blacklist was operated by the Consulting Association between 1993 and 2009.