Legal Guidance and Research / Experts / Alexander Harding
Alexander Harding#11550

Alexander Harding

HWF

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2016

Experience

  • Allen & Overy (2022 - 2023)
  • Quinn Emanuel Urquhart & Sullivan (2016 - 2021)

Membership

  • Called to the Bar of England & Wales

Qualifications

  • BA Modern History (2012)
  • MPHIL Modern European History (2013)
  • GDL (2014)
  • BPTC (2015)

Education

  • University of Oxford (2009-2012)
  • University of Cambridge (2012- 2013)
  • City University (2013-2015)

2 Contributions by Alexander Harding

W&I insurance claims in private M&A: notification, conduct, negotiation and settlement, insurer and MGA handling, market statistics, and lessons from Finsbury Food v Axis
PRACTICE NOTES
W&I insurance claims in private M&A: notification, conduct, negotiation and settlement, insurer and MGA handling, market statistics, and lessons from Finsbury Food v Axis
Warranty and indemnity (W&I) insurance—claims Warranty and Indemnity (W&I) insurance is a well‑established means of transferring risk in private M&A deals. For more on the nature and application of W&I insurance, see Practice Note: Warranty and indemnity (W&I) insurance in M&A transactions. Transaction parties frequently concentrate on executing the deal and arranging the W&I policy, yet pay insufficient attention to what is arguably the most crucial feature of any insurance product: the claims process. This Practice Note sets out the key elements of the W&I claims pathway, from decoding the relevant contractual terms in the policy to final settlement. W&I insurance policy wording claims clauses Claims provisions in W&I policies are generally divided into two main groups: notification conduct W&I insurance—claims notification If there is any uncertainty about when to notify or what a notification should contain, insured beneficiaries (insureds) and their legal advisers should promptly speak to the broker who arranged the placement, as they can provide guidance on these issues. A typical notification clause might be expressed along the following lines (where policy definitions would have appeared in the original, these are paraphrased in brackets)...
Insurance & Reinsurance
Warranty and indemnity insurance in private M&A as ADR: comparing insured v uninsured warranty claims on timing, costs, settlement prospects and relationship preservation
PRACTICE NOTES
Warranty and indemnity insurance in private M&A as ADR: comparing insured v uninsured warranty claims on timing, costs, settlement prospects and relationship preservation
Warranty and indemnity (W&I) insurance—insured v uninsured claims Warranty and indemnity (W&I) insurance is a well-established mechanism for shifting risk in private M&A deals. For more detail on what W&I insurance is and how it is deployed, see Practice Note: Warranty and indemnity (W&I) insurance in M&A transactions. The route for advancing a claim under a W&I policy differs in several respects from pursuing an equivalent uninsured claim directly against a seller. Over the past ten years, W&I cover has evolved alongside the broad promotion and uptake of alternative dispute resolution, aimed at steering parties away from court proceedings. In England and Wales, both the Ministry of Justice and the judiciary have made concerted efforts to encourage resolution by means other than the courts, as litigation is frequently lengthy, costly and procedurally intricate. Yet, within the M&A sphere, there has been limited discussion of warranty and indemnity insurance as a variety of alternative dispute resolution. For a buyer, by substituting the counterparty to the deal with an insurer, it becomes possible to sidestep many of the disadvantages typically encountered in such disputes in practice today by many parties of bringing a breach of contract claim against the seller and achieve...
Insurance & Reinsurance
Expert page AD
If you expected to see yourself on this page, click here.