Claims

The RCA team has vast experience of managing, negotiating and settling M&A insurance claims. This experience has been gained not just from being insurance brokers - members of the team have been involved with M&A insurance claims as both lawyers - defending and bringing breach of warranty claims for clients - and underwriters, where the intention of cover, and interpretation of policy language has come under scrutiny. 

RCA's role in a claim is an adviser to, and advocate for, the insured party. We have handled claims on policies with all the major M&A insurers globally, with many different types of warranty breach. RCA uses this experience to help obtain the best outcome for an insured. Our relationship with the claims teams of insurers is bolstered by the relationship we have with the underwriting teams. The claims environment can occasionally feel adversarial, however, clients of RCA have the benefit of all our previous experience, and our long-term relationships, developed over years, which means a more collaborative approach and a speedier resolution.

The same individual from RCA that advised on the policy at the time of the deal will advise on the claim. In that way, there is already an understanding of the transaction, and the target company. We will also be familiar with SPA, the advisers, and other elements of the transaction which means the insured will not need to spend time getting another adviser up to speed. Unlike a separate claims team, we will also hold the relationship with the underwriter at the insurer, who we will encourage to be involved to assist their claims department in understanding the claim and the impact on the target. 

RCA is involved from before the initial claim notification is made to insurers - advising insured's on the best way to present their claim - through to final settlement, including attending settlement meetings or meditations. We also advise on policy wording, for example, giving input on how a particular clause is usually interpreted.


 

Claims Examples

Claims Seller Non-Disclosure

A corporate buyer of a manufacturing company with two UK sites identified an issue with the leases.
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Claims Incorrect Revenue Recognition

A PE-backed buyer acquired a marketing business from a listed company. Within a year of the deal, the buyer brought a claim alleging breaches of accounts and information warranties.
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Claims Intellectual Property Breach

A PE-backed buyer acquired a retail chain from individual sellers. A third party competitor brought a claim against the target for copyright or passing off on the grounds that the target had knowingly copied the designs of the competitors and were selling product.
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