The report below by Grant Thornton provides interesting insights into international SPA trends. The use of locked box and W&I insurance is on the increase in developed markets with developing markets starting to following suit.
One finding of particular interest is the incidence of warranty claims where the findings show a mean of 14% of deals where claims arise and the large majority of responses suggesting that this occurs in less than 10% of deals. This would indicate that we may have some way to go in the evolution of W&I insurance (both in coverage and premiums) as more and more insurers enter the market and more data is available to allow them to price the risk.
Every deal has its own individual dynamics but overall trends from a survey pool of over 500 cannot be ignored. There is also helpful insight here into caps, thresholds and de minimis for warranty claims across the survey pool.
SPA Advisory A smarter way to get deals done – international survey 30 Nov 2017 Identifying international market practice for equity value adjustments and Sale and Purchase Agreements