When R&W Claims Go Sideways: Why the Right Expert Witness Matters

My company, Mitrovic Consulting, has proven expertise in Reps & Warranties (“R&W”) insurance claims and private equity buy-side litigation.

Selecting the right expert witness can mean the difference between a dismissed claim and a multi-million dollar recovery. When a private equity firm faces a material breach of financial representations and warranties post-closing, our specialized financial acumen and courtroom credibility are essential to proving both the loss and insurer bad faith.

In a recent high-stakes dispute on behalf of a private equity buyer, my expert witness testimony drove a substantial compensatory verdict and a punitive damages award against insurers for bad faith claim handling.

The underlying matter involved complex financial accounting distortions that directly impacted enterprise valuation, including:

• Understatement of liabilities that eroded post-closing equity value.

• Overstatement of assets and income masking the target company's true financial condition.

• Overstatement of Net Operating Income (“NOI”), the core metric against which the buyer paid a substantial purchase price multiple.

By quantifying the direct correlation between the misstated metrics and the purchase price multiple, and exposing unreasonable insurer conduct, my testimony secured full vindication for the buyer across both the contract claims and the bad faith insurance claims.

Mitrovic Consulting also assists private equity funds and counsel by partnering with private equity deal teams, general counsel, and litigation counsel to navigate complex R&W insurance disputes.

Private equity transactions operate on strict financial metrics, and disputes require an expert who speaks the language of both deal-makers and the courtroom.

Contact me today to discuss how proven litigation support can protect your portfolio's value and hold insurers accountable. I am available via LinkedIn and my website.