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Corporate level transactions, such
as Mergers and Acquisitions (M&A),
carry risks for both buyer and seller
alike:
BUYER -Loss arising due to a breach of warranty can put the buyer in a vulnerable position. Direct pursuit of the vendor can be inconvenient, time consuming, costly and sometimes damaging to business relationships. Indemnification for loss can not always be secured, even where a contractual obligation to pay exists.
SELLER - The smooth negotiation of a deal can be threatened by the vendor’s uncertainties regarding their future contractual obligations and their potential liabilities stemming from inaccuracies in warranties, or claims under the tax covenant. In addition, Buyers are likely to seek some form of security for future claims, which can tie up sales proceeds and hinder a quick and clean exit.
Warranty & Indemnity Insurance (W&I) offers a convenient solution to both
parties. Whether buyer or seller-side, W&I presents
significant advantages, providing:
- a commercially viable alternative to security traditionally sought through costlier and less satisfactory means
(such as an escrow account, bank guarantee or letter of credit)
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a simpler and more effective
method of seeking indemnity against a loss resulting from a breach of warranty or tax deed/covenant in a Sale and Purchase Agreement (SPA)
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a tool to mitigate the vendor's risk for liabilities arising
from innocent misrepresentations made by the vendor
- coverage, afforded to the buyer, for any
financial loss as a result of any misrepresentations (innocent or otherwise) made by the vendor
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a strategic tool:
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giving the buyer a competitive edge against other bidders for the purchase;
or
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making the vendor's offer more appealing, as
the risk is transferred to a financially sound
insurer.
Warranty & Indemnity Insurance
(W&I) facilitates the sale and purchase
process. Both buyer-side and seller-side policies are available and the policy is structured to meet the risk retention and recourse requirements of the deal parties.
We are also able to offer, in combination or separately,
further bespoke products that fall under the Transaction Risk Insurance umbrella, namely
Tax Indemnity Insurance and Contingent Risk Transfer Insurance.
Click here to view our TRI product sheet
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- Financial
capacity of up to US $15 million (€15 million or £10 million) per
TRI policy.
- Primary or
excess
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For all international
insurance and reinsurance business (excluding USA), we
underwrite on behalf of:
HCC International Insurance Company PLC>
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Direct insurance and Facultative reinsurance
HCC Underwriting Agency (Lloyd's syndicate 4141)>
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Direct insurance and Facultative reinsurance domiciled in
certain other non-US
jurisdictions
For all insurance and
reinsurance business domiciled in the US and Latin
America, we underwrite on
behalf of:
Houston Casualty Company
(HC)>
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HC is a Texas domiciled property and
casualty insurance company operating worldwide and on a surplus lines
basis in the U.S. HC specializes in accident and health, aviation,
property, marine and energy.
U.S. Specialty Insurance Company>
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USSIC specializes in aviation,
occupational accident and alternative workers compensation.
Given that we do business on behalf of different insurers within the HCC Group,
when we offer insurance products to the policyholder we will ensure that we tell
you which insurer within the Group will underwrite the policy.
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Our dedicated team of TRI specialists
comprises of underwriting, claims and legal professionals. The team's
extensive experience and indepth knowledge of worldwide transaction risk
related issues, coupled with our "under one roof" strategy, ensure a high
level of professionalism with a fast and efficient service. Being
internationally focused means we can offer tailor-made policy wordings in many languages and for multiple jurisdictions.
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To consult a TRI specialist for your
region, please email us your enquiry:
TRIteam@hcc-global.com
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HCC Global Financial Products S.L. is an insurance agent acting on behalf
of the following insurance entities in those countries where permitted:
HCC Underwriting Agency Ltd (Lloyd's Syndicate 4141) - We have authority to enter
into contracts of insurance on behalf of the Lloyd's underwriting members of Lloyd's
Syndicate 4141 which is managed by HCC Underwriting Agency Ltd. HCC Underwriting Agency Ltd
is authorised and regulated by the Financial Services Authority and is registered in England and Wales No. 04632146.
Registered office: Walsingham House, 35 Seething Lane, London, EC3N 4AH.
HCC International Insurance Company PLC, authorised and regulated by the Financial
Services Authority, No. 202655. Registered in England and in Wales, No. 01575839,
with registered office at Walsingham House, 35 Seething Lane, London EC3N 4AH.
Ultimate Holding Company: HCC Insurance Inc. Houston, Texas U.S.A.
Houston Casualty Company: State of Texas Insurance Entity Register n. 7407,
on 26-5-83. Capital subscribed and issued US$5,000,000. Subject to the
supervision and control of the Texas Department of Insurance (Mail Code
305-2C, 333 Guadalupe P.O. Box 149104, Austin, Texas 78714-9104, USA).
Branch in United Kingdom, subject to the supervision and control of the
Financial Services Authority (25, The North Colonnade, Canary Wharf, London
E14 5HS), authorized on 1-12-2001 and registered with n. 203250. HCC Global
is registered with n. 416680 at the Financial Services Authority. |
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