S+H Consulting

Case Study

Representation + Warranty Claim Settlement

Distribution

INDUSTRY

1,000

EMPLOYEES

$150M

ANNUAL REVENUE

Background

Following a long working capital settlement process, our client filed a claim on the representation and warranty policy issued on an acquisition from 2018. This required significant efforts to recreate and investigate what was verifiably known to be considered a primary breach.

Objective

  • Evaluate each assertion made by claimant and accumulate support
  • Build tie-out and data book to represent claimant damage assertions
  • Prepare memo communicating claimant positions on each assertion
  • Represent claimant as insurer performed due diligence for each assertion
  • Provide guidance on interaction, strategy, and negotiation with insurer

Solution

  • Build tie-out, data book, and memo, providing claimant assertions
  • Represented the claimant in months-long diligence process undertaken by insurer
  • Supported successful negotiation outcome for claimants

Successfully collected $4.2 million of cash on representation + warranty claim.

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