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Business Business Insurance Commercial Insurance Warranty & Indemnity Insurance

When selling a business, buyers usually demand that you provide representations and warranties. When you provide the buyer with these warranties & indemnities, you are accepting responsibility for any financial loss that occurs due to misrepresentation. A warranty and indemnity policy (W&I) will help protect your business sale proceeds and provide cover for defence costs arising from the claim of an inaccurate warranty.

  • Provides a clean exit – often avoiding the need for escrow
  • Makes for a more attractive purchase
  • Growing market with wider cover and lower premiums
  • Maintains relationship if the seller stays employed by the business

The Alan Boswell Group Difference

ABG Difference

Alan Boswell Group can provide expertise on all aspects of commercial insurance, from the initial steps taken when setting up a new business through to any potential sale. Not only can we help with your warranty & indemnity insurance but we can also help with financial advice post-sale.

How our customers rate us

Always quick - efficient and ensuring you have the right policy for what you are looking for.
Fully explores the nature of your request.

Miss Holman - Commercial Combined Insurance

Warrant & indemnity insurance in detail

A warranty is a written statement provided to the purchaser to back up claims you have made about the business during the sales process. Examples include:

  • Accounting and other financial information
  • Employees and pensions
  • Intellectual property rights

Indemnities offer security for the buyer from known and specific circumstances. Examples include:

  • Ongoing legal disputes
  • Existing employee tribunals

Our W&I insurance policy is designed to protect you from any claims made against you for any errors found within these warranties.

  • Avoid escrow Frees up sale proceeds by removing the need for escrow
  • Peace of mind Makes your business a more attractive proposition
  • Six-year protection Claims can be made up to six years post-sale.
  • Growing market Insurer appetite has led to lower premiums and wider cover

What is W&I insurance?

Warranty and indemnity insurance is there to protect you from the financial loss associated with claims while providing both parties with additional peace of mind.

You can read all about W&I insurance, what it is and how it can help you in our guide

Alternatively you can download a one-page to W&I insurance here:

Warranty & Indemnity Insurance Leaflet

FAQs

  • Warranty & indemnity insurance is not a legal requirement. But, if you are buying or selling a business having a policy in place provides peace of mind that any misrepresentations will not lead to significant financial cost. Making for a more attractive proposition.

  • Once you have sold a business claims against you can be made up to six years post-sale.

  • If a warranty is proven to be inaccurate, even if by accident, as the seller you’ll be responsible for reimbursing the buyer for the loss they have suffered as a result. A W&I policy will help protect your business sale proceeds and provide cover for defence costs arising from the claim of an inaccurate warranty.

  • The obvious benefit is the removal of the financial risks associated with a claim against you. However, there are other, less obvious benefits.

    • Maintaining W&I insurance may help you avoid the need for escrow, freeing up the sale proceeds.
    • It provides peace of mind for the buyer, as they know valid claims will be paid. Making your business a more attractive proposition.
  • Yes, Warranty & Indemnity insurance be purchased by the buyer in an mergers and acquisitions deal the advantages of doing so are:

    • Avoids risk of the buyer potentially having to bring a warranty claim against a seller who continues to be employed by the business after completion, therefore protecting the relationship with valuable staff as a claim is instead made under the policy.
    • Removes the risk of a seller not having the funds to pay if a warranty claim arises
    • Can improve the buyer’s negotiating position as a seller may be willing to consider a lower offer if they know that the sale proceeds will be immediately available to them, rather than waiting for a warranty period to expire or having money held back in an escrow account

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