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Tax insurance: underwriting and policy insights

Laura Foley and Tom Cartwright (Certa Insurance Partners) share insights on the insurer’s perspective when underwriting tax risks, and the impact on policy structure.

Tax insurance offers a solution to manage genuine tax uncertainties that pose commercial challenges.

Originating from warranty and indemnity (W&I) insurance it was initially designed to cover specific tax risks which were generally excluded from W&I policies due to being identified risks. Over time its application has broadened to encompass various scenarios including reorganisations liquidations fund wind-ups distributions and routine business operations. Tax insurance is also not limited to historical tax issues; policies can be structured to cover future events occurring after the policy’s inception.

Specific examples of...

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