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ARTICLE · 09 SEPTEMBER 2025

Advancing And Winning W&I Insurance Claims

A&O Shearman
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When a dispute arises after completion of an M&A transaction, buyers often find themselves facing complex challenges in recovering losses for breaches of warranty or under an indemnity clause.

United StatesInsurance
Jan Erik Windthorst
Jan Erik Windthorst
Tim Dlugosch
Tim Dlugosch
Abhilasha Vij
Abhilasha Vij
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When a dispute arises after completion of an M&A transaction, buyers often find themselves facing complex challenges in recovering losses for breaches of warranty or under an indemnity clause. Warranty and indemnity (W&I) insurance, while designed to provide protection, can present its own hurdles once a claim under a share purchase agreement (SPA) is on the table.

In today's market, the volume and value of W&I insurance claims are rising, and the process of advancing a claim against an insurer requires strategic management, robust evidence, and expert legal guidance.

About this article

This bulletin is specifically addressed to buyers who are confronted with the practical realities of pursuing W&I insurance claims in the post-closing context—after a breach has occurred and a dispute is underway.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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