The use of representations and warranties (R&W) and warranty and indemnity (W&I) insurance has increased significantly over the years. This has led to an increased focus on claims activity and, as a result, further global collaboration around claims issues and resolution.
According to the latest edition of the Transaction Solutions Global Claims Study, 2022 was characterized by several large claims settlements, resulting in significant payments by insurers. In fact, the average amount paid per claim in 2022 was higher than the average payment on claims settled in each of the previous two years.
With new claims emerging and complex claims from prior years driving toward resolution, the claims process continues to evolve. Insurer expectations that clients comply with policy obligations, specifically around consent and cooperation provisions, have become a point of emphasis. There has also been continued refinement of diligence in relation to valuation models and damage calculations to validate alleged losses.