Legal Indemnities Insurance | Large Business | Zurich Insurance

Legal indemnity

Man in hardhat looking at plans

At Zurich we've been writing conveyancing insurance for over 75 years. Zurich Insurance Group Ltd (Zurich) is an insurance-based financial services provider with a global network of subsidiaries and offices in North America and Europe as well as in Asia Pacific, Latin America and other markets.

Founded in 1872, the Group is headquartered in Zurich, Switzerland. It employs approximately 60,000 people serving customers in more than 170 countries.

  • Services

    Conveyancing Underwriting Centre

    The conveyancing underwriting centre provides a wide range of legal indemnity solutions to protect lenders, property owners and developers against third party claims arising from problems affecting the title, use or development of land. Insurances provided include policies relating to lost title documents, access and services, restrictive covenants, defects in titles, chancel repair liability, leasehold problems and many other issues.

    The underwriting centre provides policies for all types of properties, both residential and commercial.

    Residential policies can be purchased from our Residential Self-Issue Pack, online from this website, or by contacting us at the underwriting centre.

    Buy online

    Contact us

    Zurich Conveyancing Underwriting Centre
    East Core
    3 Minster Court, Mincing Lane
    London EC3R 7DD

    DX 507 London/City
    Email: enquiries@zcuc.co.uk
    Telephone: 020 7256 3838
    Fax: 020 7256 3839

    Tiko Rawlinson-Winder – Underwriting & Centre Manager
    Telephone: 020 7256 3838 or 07875 885 263
    Email: trw@zcuc.co.uk

    Trusts & Estates Centre

    The Trusts & Estates Centre offers a wide range of legal indemnity covers in respect of problems that arise during the administration of a deceased’s estate or in connection with trust funds (including trustees’ potential liability following a winding up). It also provides indemnities in respect of lost documents such as share certificates and life policies.

    Contact us

    Zurich Legal Indemnities - Trusts & Estates Centre
    East Core
    3 Minster Court, Mincing Lane
    London EC3R 7DD

    DX 507 London/City
    Email: enquiries@zcuc.co.uk
    Fax: 020 7256 3839

    Jeff de-Rhune – Underwriting & Centre Manager
    Telephone: 020 7256 3838
    Email: jdr@zcuc.co.uk

    Court Bonds including Bonds of Caution and Court of Protection Bonds

    Please contact Zurich Global Corporate UK's surety division for Surety Bonds and Guarantees via their website here

    Genealogists

    Title Research – professional genealogy and tracing firm. Website: www.titleresearch.com.

    Brokers

    You are welcome to use the services of the Conveyancing Underwriting Centre and Trusts & Estates Centre. Please see the contact details below. Alternatively queries can be directed to the Real Estate Legal Indemnities team or your usual Zurich contact.

    Contact us

    Legal Indemnities Team – Zurich Real Estate
    The London Underwriting Centre
    4th Floor, East Core
    3 Minster Court, Mincing Lane
    London EC3R 7DD

    Real Estate website: click here

    Valerie Hosty – Legal Indemnities Manager
    Telephone: 07875 885 158
    Email: valerie.hosty@uk.zurich.com

    Stuart Burley – Senior Development Underwriter
    Telephone: 01603 211 659 or 07875 885 630
    Email: stuart.burley@uk.zurich.com

    Heidi Pfleger – Senior Development Underwriter
    Telephone: 07875 886 975
    Email: heidi.pfleger@uk.zurich.com

    Zurich Conveyancing Underwriting Centre
    East Core
    3 Minster Court, Mincing Lane
    London EC3R 7DD

    DX 507 London/City
    Email: enquiries@zcuc.co.uk
    Fax: 020 7256 3839

    Tiko Rawlinson-Winder – Underwriting & Centre Manager
    Telephone: 020 7256 3838 or 07875 885 263
    Email: trw@zcuc.co.uk

    Zurich Legal Indemnities - Trusts & Estates Centre
    East Core
    3 Minster Court, Mincing Lane
    London EC3R 7DD

    DX 507 London/City
    Email: enquiries@zcuc.co.uk
    Fax: 020 7256 3839

    Jeff de-Rhune - Underwriting & Centre Manager
    Telephone: 020 7256 3838
    Email: jdr@zcuc.co.uk

  • Products

    Please select from the below list to view product information

    Absence of easements

    Is this policy suitable for your client's needs?

    Please consider carefully the advice that you give to your client regarding this policy as there maybe matters of significance to them that may not be adequately compensated for by an insurance policy. For example, it may be of particular importance to your client that the property has a rear or vehicular access or access of a particular width e.g. wide enough to accommodate a caravan. If such access were successfully prevented financial compensation may be claimed under the policy. However your client’s interest in and enjoyment of the property may still be adversely affected, and had the loss of the access been anticipated, they may not have proceeded with the purchase.

    As a risk management procedure for you as a property lawyer and to ensure that your client can make an informed decision, we suggest that you consider and talk to your client about the following to ensure that the policy meets their needs:

    • why the transaction is proceeding without the necessary legal easements

    • what could happen if the access/services were to be prevented

    • the options available to your client and their respective advantages and disadvantages

    • whether the property is being purchased for specific reasons that render continued use of the access or services a necessity

    • the extent and limitations of the policy cover

    • that the policy provides financial compensation only.

    • We would also suggest that you keep a clear and contemporaneous record of the advice that you give to your client.

    Type of insurance and cover

    The policy provides cover in respect of a lack of pedestrian and/or vehicular easements and/or easements for services to the property.

    The duration of this non-investment insurance contract is in perpetuity.

    Significant features and benefits

    The policy provides cover if an owner of the land over or through which the easement is exercised attempts to prevent use of the Easement (as defined in the policy) by Court Order.

    Cover includes

    We will pay for the following:

    Damages or compensation awarded in any proceedings, including costs and expenses; sums paid with the written consent of Zurich to purchase the easement or an alternative one; loss in market value of the property arising from prevention of the use of the easement.

    Significant and Unusual Exclusions and Limitations
    (See policy terms and conditions for full details)

    We will not pay if:

    • The property is not used as a single residence.

    • The insured obstructs or fails to pay their proportion of the cost of maintaining the Easement and loss arises as a result.

    • The policy is disclosed to any third parties other than prospective purchasers, lessees, their mortgagees and/or legal advisors.

    • Liability is admitted or steps taken to settle a claim without the written consent of Zurich.

    • A claim is caused wholly or partly by the Insured.

    • Loss arises from a complaint made regarding the use of the easement of which the insured had knowledge before the policy commencement date.

    • Loss arises from alterations to registered common land or a Town or Village Green

    • Any business or activity of the insured would violate any applicable trade or economic sanctions, law or regulation

    • The property is situated outside of England and Wales

    Where another policy is taken out covering the same risks Zurich will only pay its rateable contribution of any loss.

    Law applicable to this policy

    In the UK the law allows both the insured and Zurich to choose the law applicable to the contract. This contract will be subject to the relevant law of England and Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands depending upon the Property address stated in the Schedule. If there is any dispute as to which law applies it will be English law. The parties agree to submit to the exclusive jurisdiction of the English courts.

    Cancellation rights

    This policy entitles the Insured to a 14 day cooling off period. It is important that the Insured seeks legal advice before cancelling this policy as their contractual obligations maybe affected.

    Claims

    The Insured must give us written notice as soon as possible of any potential or actual claim or any circumstances likely to result in a claim. Notifications should be sent to:

    Legal Indemnity Claims
    Property Claims Department
    Zurich Insurance plc
    Zurich House
    2 Gladiator Way
    Farnborough
    GU14 6GB

    Email: legalindemnityclaims@uk.zurich.com

    Enquiry line: telephone 01252 387376

    Our complaints procedure

    We want to provide a first class service. If you have any cause for complaint you should, in the first instance, contact either the intermediary who arranged the policy for you, or the branch that issued your policy. Please quote the details of your policy (your surname and initials, policy number, departmental reference, etc).

    If we are unable to resolve your complaint to your satisfaction within 8 weeks, or if we have provided you with a final decision letter, you may be able to refer your complaint to the Financial Ombudsman Service (FOS). This is a free and impartial service.

    You can telephone for free on:

    0800 023 4567 - Calls to this number are now free on mobile phones and landlines.

    Or e-mail: complaint.info@financial-ombudsman.org.uk.

    The FOS will only consider your complaint if, at the time of notification, you are a consumer, a business employing fewer than 10 persons that has an annual turnover or balance sheet that does not exceed €2 million, a charity with an annual income of less than £1 million or a trustee of a trust with a net asset value of less £1 million.

    Following the Complaints Procedure does not affect your legal rights.

    The Financial Services Compensation Scheme (FSCS)

    We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation should we be unable to meet our obligations. You may contact the FSCS on 0800 678 1100 or further information is available at www.fscs.org.uk.

    How we use personal information

    Zurich Insurance plc holds data in accordance with the Data Protection Act 1998. It may be necessary for us to pass data to other organisations that supply products and services associated with this contract of insurance. In order to verify information, or to prevent and detect fraud, we may share information you give us with other organisations and public bodies, including the Police, accessing and updating various databases. If you give us false or inaccurate information and we suspect fraud, we will record this and the information will be available to other organisations that have access to the database(s). We can supply details of the databases we access or contribute to, on request.

    Zurich Insurance plc

    A public limited company incorporated in Ireland. Registration No. 13460.Registered Office: Zurich House, Ballsbridge Park, Dublin 4, Ireland.UK Branch registered in England and Wales Registration No. BR7985. UK Branch Head Office: The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO15 7JZ.

    Zurich Insurance plc is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request. These details can be checked on the FCA’s Financial Services Register via their website www.fca.org.uk or by contacting them on 0800 111 6768. Our FCA Firm Reference Number is 203093.

    Communications may be monitored or recorded to improve our service and for security and regulatory purposes. © Copyright – Zurich Insurance plc 2014.

    All rights reserved. Reproduction, adaptation, or translation without prior written permission is prohibited except as allowed under copyright laws.

    Back to top

    Chancel Repair

    Is this policy suitable for your client's needs?

    Please consider carefully the advice that you give to your client regarding this policy.

    As a risk management procedure for you as a property lawyer and to ensure that your client can make an informed decision, we suggest that you consider and talk to your client about the following to ensure that the policy meets their needs:

    • why the transaction is proceeding using an insurance policy

    • how the property could be affected if a Chancel Repair Liability (as defined in the policy) were to be established and enforced

    • the options available to your client and their respective advantages and disadvantages

    • the advantages, disadvantages and limitations of chancel repair liability searches as an alternative to insurance

    • the extent and limitations of the policy cover

    • the alternative options of taking non-successor or successor cover and their respective advantages and disadvantages

    • that the policy provides financial compensation only

    We would also suggest that you keep a clear and contemporaneous record of the advice that you give to your client.

    Type of insurance and cover

    The policy provides cover in respect of Chancel Repair liability (as defined in the policy). The duration of this non-investment insurance contract is a maximum period of 30 years.

    Significant features and benefits

    The policy provides cover if the church authorities establish and enforce a Chancel Repair Liability against the Insured Title (as defined in the policy).

    Cover includes

    We will pay for the following:

    All sums which the Insured become legally liable to pay under a court order or with Zurich’s prior written agreement; loss in market of the property as a consequence of Chancel Repair Liability being successfully enforced against the insured; all sums paid with Zurich’s prior written agreement to free the Property from Chancel Repair Liability; all other costs and expenses including out of court settlement costs incurred by with Zurich’s prior written agreement.

    Significant and Unusual Exclusions and Limitations
    (See policy terms and conditions for full details)

    We will not pay for loss:

    • If the property is not used as a single residential property occupying a site of 1 acre or less.

    • If the insured knew of an intention to register chancel repair liability or of demands for payment of such a liability before the policy commencement date.

    • Caused by the insured communicating about Chancel Repair Liability with any person or party who they believe is likely to be entitled to enforce such liability, without Zurich’s prior written agreement.

    • Arising from any Chancel Repair Liability recorded or referred to on the title to the Property at the commencement date of the policy.

    • Arising from any Chancel Repair Liability recorded in the Record of Ascertainments which the insured had knowledge of at the commencement date of the policy.

    • Arising from the policy being disclosed to any third parties other than prospective purchasers, lessees, their mortgagees and/or legal advisors.

    • Arising as a result of liability being admitted or steps being taken to settle a claim without the written consent of Zurich.

    • If a claim is caused wholly or partly by the Insured.

    • Any business or activity of the insured would violate any applicable trade or economic sanctions, law or regulation.

    • The property is situated outside of England and Wales.

    If non-successor cover has been selected the policy insures the person or persons who acquired an interest in the property at the commencement date of the policy (and their mortgagees) i.e. it does not insure their successors in title.

    Where another policy is taken out covering the same loss Zurich will only pay its rateable contribution towards any claim.

    Law applicable to this policy

    In the UK the law allows both the insured and Zurich to choose the law applicable to the contract. This contract will be subject to the relevant law of England and Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands depending upon the Property address stated in the Schedule. If there is any dispute as to which law applies it will be English law. The parties agree to submit to the exclusive jurisdiction of the English courts.

    Cancellation rights

    This policy entitles the Insured to a 14 day cooling off period. It is important that the Insured seeks legal advice before cancelling this policy as their contractual obligations maybe affected.

    Claims

    The Insured must give us written notice as soon as possible of any potential or actual claim or any circumstances likely to result in a claim. Notifications should be sent to:

    Legal Indemnity Claims
    Property Claims Department
    Zurich Insurance plc
    Zurich House
    2 Gladiator Way
    Farnborough
    GU14 6GB

    Email: legalindemnityclaims@uk.zurich.com

    Enquiry line: telephone 01252 387376

    Our complaints procedure

    We want to provide a first class service. If you have any cause for complaint you should, in the first instance, contact either the intermediary who arranged the policy for you, or the branch that issued your policy. Please quote the details of your policy (your surname and initials, policy number, departmental reference, etc).

    If we are unable to resolve your complaint to your satisfaction within 8 weeks, or if we have provided you with a final decision letter, you may be able to refer your complaint to the Financial Ombudsman Service (FOS). This is a free and impartial service.

    You can telephone for free on:

    0800 023 4567 - Calls to this number are now free on mobile phones and landlines.

    Or e-mail: complaint.info@financial-ombudsman.org.uk.

    The FOS will only consider your complaint if, at the time of notification, you are a consumer, a business employing fewer than 10 persons that has an annual turnover or balance sheet that does not exceed €2 million, a charity with an annual income of less than £1 million or a trustee of a trust with a net asset value of less £1 million.

    Following the Complaints Procedure does not affect your legal rights.

    The Financial Services Compensation Scheme (FSCS)

    We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation should we be unable to meet our obligations. You may contact the FSCS on 0800 678 1100 or further information is available at www.fscs.org.uk.

    How we use personal information

    Zurich Insurance plc holds data in accordance with the Data Protection Act 1998. It may be necessary for us to pass data to other organisations that supply products and services associated with this contract of insurance. In order to verify information, or to prevent and detect fraud, we may share information you give us with other organisations and public bodies, including the Police, accessing and updating various databases. If you give us false or inaccurate information and we suspect fraud, we will record this and the information will be available to other organisations that have access to the database(s). We can supply details of the databases we access or contribute to, on request.

    Zurich Insurance plc

    A public limited company incorporated in Ireland. Registration No. 13460.Registered Office: Zurich House, Ballsbridge Park, Dublin 4, Ireland.UK Branch registered in England and Wales Registration No. BR7985. UK Branch Head Office: The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO15 7JZ.

    Zurich Insurance plc is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request. These details can be checked on the FCA’s Financial Services Register via their website www.fca.org.uk or by contacting them on 0800 111 6768. Our FCA Firm Reference Number is 203093.

    Communications may be monitored or recorded to improve our service and for security and regulatory purposes. © Copyright – Zurich Insurance plc 2014.

    All rights reserved. Reproduction, adaptation, or translation without prior written permission is prohibited except as allowed under copyright laws.

    Back to top

    Contingent Buildings Insurance (Landlord)

    Is this policy suitable for your client's needs?

    Please consider carefully the advice that you give to your client regarding this policy. The policy provides financial compensation for loss arising out of the defects in the lease but does not rectify the defective lease itself.

    As a risk management procedure for you as a property lawyer and to ensure that your client can make an informed decision, we suggest that you consider and talk to your client about the following to ensure that the policy meets their needs:

    • why the transaction is proceeding using an insurance policy

    • the significance of the defects in the lease and the practical consequences that could arise as a result

    • the options available to your client and their respective advantages and disadvantages

    • the extent and limitations of the policy cover

    • that the policy provides financial compensation only.

    We would also suggest that you keep a clear and contemporaneous record of the advice that you give to your client.

    Type of insurance and cover

    The policy provides cover if you cannot obtain reinstatement of or repair to the property or the adjoining premises following damage or destruction as a result of the defect(s) in the lease.

    The duration of this non-investment insurance contract for a purchaser is 30 years and for a lender is the full term of any mortgage created within 30 years of the commencement date.

    Significant features and benefits

    The policy provides cover:

    a) if planning permission for repair of the property and/or the adjoining premises cannot be obtained
    b) if the property cannot be repaired because the Block Insurance Policy (as defined in the policy) has been invalidated by the landlord/management company or a third party owner of the adjoining premises
    c) if the property and/or the adjoining premises are not capable of reinstatement and as a result the lease is forfeit
    d) if the lease does not enable or require the landlord/management company or owners of the adjoining premises to reinstate the property and/or adjoining premises at your request
    e) if the adjoining premises are not insured, not insured for the full reinstatement value or for the risks usually insured under a comprehensive all risks material damage policy.

    Cover includes

    We will pay for the following:

    The loss in market value of the property; sums paid with the written consent of Zurich.

    Significant and Unusual Exclusions and Limitations
    (See policy terms and conditions for full details)

    We will not pay if:

    • The property is not used as a residential property.

    • Loss is caused by a peril not insured under a Block Insurance Policy.

    • The material damage insurer becomes insolvent.

    • Loss is caused by terrorism.

    • The policy is disclosed to any third parties other than prospective purchasers, lessees, their mortgagees and/or legal advisors.

    • Liability is admitted or steps are taken to settle a claim without the written consent of Zurich or if claims are caused wholly or partly by the Insured.

    • Any business or activity of the insured would violate any applicable trade or economic sanctions, law or regulation.

    • The property is situated outside of England and Wales

    Where another policy is taken out covering the same loss Zurich will only pay its rateable contribution of any claim.

    Special conditions

    • There must be a Block Insurance Policy in place at the commencement of the policy.

    • Steps must be taken annually to check that there is a Block Insurance Policy in place.

    • In the event that the insured discovers that there is no Block Insurance Policy in place they must insure the property under a material damage policy.

    Law applicable to this policy

    In the UK the law allows both the insured and Zurich to choose the law applicable to the contract. This contract will be subject to the relevant law of England and Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands depending upon the Property address stated in the Schedule. If there is any dispute as to which law applies it will be English law. The parties agree to submit to the exclusive jurisdiction of the English courts.

    Cancellation rights

    This policy entitles the Insured to a 14 day cooling off period. It is important that the Insured seeks legal advice before cancelling this policy as their contractual obligations maybe affected.

    Claims

    The Insured must give us written notice as soon as possible of any potential or actual claim or any circumstances likely to result in a claim. Notifications should be sent to:

    Legal Indemnity Claims
    Property Claims Department
    Zurich Insurance plc
    Zurich House
    2 Gladiator Way
    Farnborough
    GU14 6GB

    Email: legalindemnityclaims@uk.zurich.com

    Enquiry line: telephone 01252 387376

    Our complaints procedure

    We want to provide a first class service. If you have any cause for complaint you should, in the first instance, contact either the intermediary who arranged the policy for you, or the branch that issued your policy. Please quote the details of your policy (your surname and initials, policy number, departmental reference, etc).

    If we are unable to resolve your complaint to your satisfaction within 8 weeks, or if we have provided you with a final decision letter, you may be able to refer your complaint to the Financial Ombudsman Service (FOS). This is a free and impartial service.

    You can telephone for free on:

    0800 023 4567 - Calls to this number are now free on mobile phones and landlines.

    Or e-mail: complaint.info@financial-ombudsman.org.uk.

    The FOS will only consider your complaint if, at the time of notification, you are a consumer, a business employing fewer than 10 persons that has an annual turnover or balance sheet that does not exceed €2 million, a charity with an annual income of less than £1 million or a trustee of a trust with a net asset value of less £1 million.

    Following the Complaints Procedure does not affect your legal rights.

    The Financial Services Compensation Scheme (FSCS)

    We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation should we be unable to meet our obligations. You may contact the FSCS on 0800 678 1100 or further information is available at www.fscs.org.uk.

    How we use personal information

    Zurich Insurance plc holds data in accordance with the Data Protection Act 1998. It may be necessary for us to pass data to other organisations that supply products and services associated with this contract of insurance. In order to verify information, or to prevent and detect fraud, we may share information you give us with other organisations and public bodies, including the Police, accessing and updating various databases. If you give us false or inaccurate information and we suspect fraud, we will record this and the information will be available to other organisations that have access to the database(s). We can supply details of the databases we access or contribute to, on request.

    Zurich Insurance plc

    A public limited company incorporated in Ireland. Registration No. 13460.Registered Office: Zurich House, Ballsbridge Park, Dublin 4, Ireland.UK Branch registered in England and Wales Registration No. BR7985. UK Branch Head Office: The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO15 7JZ.

    Zurich Insurance plc is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request. These details can be checked on the FCA’s Financial Services Register via their website www.fca.org.uk or by contacting them on 0800 111 6768. Our FCA Firm Reference Number is 203093.

    Communications may be monitored or recorded to improve our service and for security and regulatory purposes. © Copyright – Zurich Insurance plc 2014.

    All rights reserved. Reproduction, adaptation, or translation without prior written permission is prohibited except as allowed under copyright laws.

    Back to top

    Contingent Buildings Insurance (Tenant)

    Is this policy suitable for your client's needs?

    Please consider carefully the advice that you give to your client regarding this policy. The policy provides financial compensation for loss arising out of the defects in the lease but does not rectify the defective lease itself.

    As a risk management procedure for you as a property lawyer and to ensure that your client can make an informed decision, we suggest that you consider and talk to your client about the following to ensure that the policy meets their needs:

    • why the transaction is proceeding using an insurance policy

    • what could take place if the insured event occurs

    • the significance of the defects in the lease and the practical consequences that could arise as a result

    • the options available to your client and their respective advantages and disadvantages

    • whether the property is being purchased for specific reasons

    • the extent and limitations of the policy cover

    • that the policy provides financial compensation only.

    We would also suggest that you keep a clear and contemporaneous record of the advice that you give to your client.

    Type of insurance and cover

    The policy provides cover if you cannot obtain reinstatement of or repair to the property or the adjoining premises following damage or destruction.

    The duration of this non-investment insurance contract for a purchaser is 30 years and for a lender is the full term of any mortgage created within 30 years of the commencement date.

    Significant features and benefits

    The policy provides cover if:

    a) planning permission for repair of the property and/or the adjoining premises cannot be obtained
    b) the property cannot be repaired because the Individual Insurance Policy (as defined in the policy) has been invalidated by the landlord/management company or a third party owner of the adjoining premises
    c) the property and/or the adjoining premises are not capable of reinstatement and as a result the lease is forfeit
    d) The adjoining premises are not insured, not insured for the full reinstatement value or for the risks usually insured under a comprehensive all risks material damage policy.

    Cover includes

    We will pay for the following:

    The loss in market value of the property; sums paid with the written consent of Zurich.

    Significant and Unusual Exclusions and Limitations
    (See policy terms and conditions for full details)

    We will not pay if:

    • The property is not used as a residential property.

    • Loss is caused by a peril not insured under an Individual Insurance Policy.

    • The material damage insurer becomes insolvent.

    • Loss is caused by terrorism.

    • The property is not insured under an Individual Insurance Policy.

    • The policy is disclosed to any third parties other than prospective purchasers, lessees, their mortgagees and/or legal advisors.

    • Liability is admitted or steps are taken to settle a claim without the written consent of Zurich or if claims which are caused wholly or partly by the Insured.

    • Any business or activity of the insured would violate any applicable trade or economic sanctions, law or regulation.

    • The property is situated outside of England and Wales.

    Where another policy is taken out covering the same risks Zurich will only pay its rateable contribution of any loss.

    Law applicable to this policy

    In the UK the law allows both the insured and Zurich to choose the law applicable to the contract. This contract will be subject to the relevant law of England and Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands depending upon the Property address stated in the Schedule. If there is any dispute as to which law applies it will be English law. The parties agree to submit to the exclusive jurisdiction of the English courts.

    Cancellation rights

    This policy entitles the Insured to a 14 day cooling off period. It is important that the Insured seeks legal advice before cancelling this policy as their contractual obligations maybe affected.

    Claims

    The Insured must give us written notice as soon as possible of any potential or actual claim or any circumstances likely to result in a claim. Notifications should be sent to:

    Legal Indemnity Claims
    Property Claims Department
    Zurich Insurance plc
    Zurich House
    2 Gladiator Way
    Farnborough
    GU14 6GB

    Email: legalindemnityclaims@uk.zurich.com

    Enquiry line: telephone 01252 387376

    Our complaints procedure

    We want to provide a first class service. If you have any cause for complaint you should, in the first instance, contact either the intermediary who arranged the policy for you, or the branch that issued your policy. Please quote the details of your policy (your surname and initials, policy number, departmental reference, etc).

    If we are unable to resolve your complaint to your satisfaction within 8 weeks, or if we have provided you with a final decision letter, you may be able to refer your complaint to the Financial Ombudsman Service (FOS). This is a free and impartial service.

    You can telephone for free on:

    0800 023 4567 - Calls to this number are now free on mobile phones and landlines.

    Or e-mail: complaint.info@financial-ombudsman.org.uk.

    The FOS will only consider your complaint if, at the time of notification, you are a consumer, a business employing fewer than 10 persons that has an annual turnover or balance sheet that does not exceed €2 million, a charity with an annual income of less than £1 million or a trustee of a trust with a net asset value of less £1 million.

    Following the Complaints Procedure does not affect your legal rights.

    The Financial Services Compensation Scheme (FSCS)

    We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation should we be unable to meet our obligations. You may contact the FSCS on 0800 678 1100 or further information is available at www.fscs.org.uk.

    How we use personal information

    Zurich Insurance plc holds data in accordance with the Data Protection Act 1998. It may be necessary for us to pass data to other organisations that supply products and services associated with this contract of insurance. In order to verify information, or to prevent and detect fraud, we may share information you give us with other organisations and public bodies, including the Police, accessing and updating various databases. If you give us false or inaccurate information and we suspect fraud, we will record this and the information will be available to other organisations that have access to the database(s). We can supply details of the databases we access or contribute to, on request.

    Zurich Insurance plc

    A public limited company incorporated in Ireland. Registration No. 13460.Registered Office: Zurich House, Ballsbridge Park, Dublin 4, Ireland.UK Branch registered in England and Wales Registration No. BR7985. UK Branch Head Office: The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO15 7JZ.

    Zurich Insurance plc is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request. These details can be checked on the FCA’s Financial Services Register via their website www.fca.org.uk or by contacting them on 0800 111 6768. Our FCA Firm Reference Number is 203093.

    Communications may be monitored or recorded to improve our service and for security and regulatory purposes. © Copyright – Zurich Insurance plc 2014.

    All rights reserved. Reproduction, adaptation, or translation without prior written permission is prohibited except as allowed under copyright laws.

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    Flat Maisonette

    Is this policy suitable for your client's needs?

    Please consider carefully the advice that you give to your client regarding this policy as there maybe matters that would be of significance to them that may not be adequately compensated for by an insurance policy. For example, it may not be possible to require an adjoining owner to carry out repairs to protect the property. Financial compensation may be available under the policy but your client’s enjoyment of the property may be impaired as a result; and had your client fully understood the practical implications that could arise from the defects in the lease they may not have proceeded with the purchase.

    As a risk management procedure for you as a property lawyer and to ensure that your client can make an informed decision, we suggest that you consider and talk to your client about the following to ensure that the policy meets their needs:

    • why the transaction is proceeding using an insurance policy

    • what could be the practical consequences of the unenforceability of repairing covenants

    • the options available to your client and their respective advantages and disadvantages

    • the extent and limitations of the policy cover

    • that the policy provides financial compensation only

    We would also suggest that you keep a clear and contemporaneous record of the advice that you give to your client.

    Type of insurance and cover

    The policy provides cover if a landlord is missing or the lease lacks covenants for rights of support shelter or protection or rights of entry onto the adjoining premises to effect repairs to the property; or the lease lacks a landlord’s covenant to carry out repairs or maintenance to the adjoining premises if an appointed management Company fails to do so.

    The duration of this non-investment insurance contract for a purchaser is 30 years and for a lender is the full term of any mortgage created within 30 years of the commencement date.

    Significant features and benefits

    The policy provides cover:

    The policy provides cover in the event that you cannot enforce repairs to the property or the adjoining premises; or obtain reimbursement from the owner of adjoining premises for the cost of repairs to the adjoining premises for the protection of the property; or obtain from the owner of adjoining premises appropriate contributions towards the costs incurred for necessary maintenance of parts common to the property and the adjoining premises.

    Cover includes

    We will pay for the following:

    The cost of necessary repairs that should have been recoverable from a third party; damages and compensation including costs and expenses incurred in any proceedings; loss in market value of the property; sums paid with the written consent of Zurich.

    Significant and Unusual Exclusions and Limitations
    (See policy terms and conditions for full details)

    We will not pay if:

    • The property is not used as a single residence.

    • Loss is caused by the insurance on the adjoining premises being inadequate or not in force.

    • Loss exceeds the market value of the property.

    • The policy is disclosed to any third parties other than prospective purchasers, lessees, their mortgagees and/or legal advisors.

    • Liability is admitted or steps taken to settle a claim without the written consent of Zurich.

    • A claim is caused wholly or partly by the Insured.

    • Any business or activity of the insured would violate any applicable trade or economic sanctions, law or regulation.

    • The property is situated outside of England and Wales.

    Where another policy is taken out covering the same risks Zurich will only pay its rateable contribution of any loss.

    Law applicable to this policy

    In the UK the law allows both the insured and Zurich to choose the law applicable to the contract. This contract will be subject to the relevant law of England and Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands depending upon the Property address stated in the Schedule. If there is any dispute as to which law applies it will be English law. The parties agree to submit to the exclusive jurisdiction of the English courts.

    Cancellation rights

    This policy entitles the Insured to a 14 day cooling off period. It is important that the Insured seeks legal advice before cancelling this policy as their contractual obligations maybe affected.

    Claims

    The Insured must give us written notice as soon as possible of any potential or actual claim or any circumstances likely to result in a claim. Notifications should be sent to:

    Legal Indemnity Claims
    Property Claims Department
    Zurich Insurance plc
    Zurich House
    2 Gladiator Way
    Farnborough
    GU14 6GB

    Email: legalindemnityclaims@uk.zurich.com

    Enquiry line: telephone 01252 387376

    Our complaints procedure

    We want to provide a first class service. If you have any cause for complaint you should, in the first instance, contact either the intermediary who arranged the policy for you, or the branch that issued your policy. Please quote the details of your policy (your surname and initials, policy number, departmental reference, etc).

    If we are unable to resolve your complaint to your satisfaction within 8 weeks, or if we have provided you with a final decision letter, you may be able to refer your complaint to the Financial Ombudsman Service (FOS). This is a free and impartial service.

    You can telephone for free on:

    0800 023 4567 - Calls to this number are now free on mobile phones and landlines.

    Or e-mail: complaint.info@financial-ombudsman.org.uk.

    The FOS will only consider your complaint if, at the time of notification, you are a consumer, a business employing fewer than 10 persons that has an annual turnover or balance sheet that does not exceed €2 million, a charity with an annual income of less than £1 million or a trustee of a trust with a net asset value of less £1 million.

    Following the Complaints Procedure does not affect your legal rights.

    The Financial Services Compensation Scheme (FSCS)

    We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation should we be unable to meet our obligations. You may contact the FSCS on 0800 678 1100 or further information is available at www.fscs.org.uk.

    How we use personal information

    Zurich Insurance plc holds data in accordance with the Data Protection Act 1998. It may be necessary for us to pass data to other organisations that supply products and services associated with this contract of insurance. In order to verify information, or to prevent and detect fraud, we may share information you give us with other organisations and public bodies, including the Police, accessing and updating various databases. If you give us false or inaccurate information and we suspect fraud, we will record this and the information will be available to other organisations that have access to the database(s). We can supply details of the databases we access or contribute to, on request.

    Zurich Insurance plc

    A public limited company incorporated in Ireland. Registration No. 13460.Registered Office: Zurich House, Ballsbridge Park, Dublin 4, Ireland.UK Branch registered in England and Wales Registration No. BR7985. UK Branch Head Office: The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO15 7JZ.

    Zurich Insurance plc is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request. These details can be checked on the FCA’s Financial Services Register via their website www.fca.org.uk or by contacting them on 0800 111 6768. Our FCA Firm Reference Number is 203093.

    Communications may be monitored or recorded to improve our service and for security and regulatory purposes. © Copyright – Zurich Insurance plc 2014.

    All rights reserved. Reproduction, adaptation, or translation without prior written permission is prohibited except as allowed under copyright laws.

    Back to top

    Flying/Creeping Freehold

    Is this policy suitable for your client's needs?

    Please consider carefully the advice that you give to your client regarding this policy. The policy provides financial compensation for loss arising due to the flying freehold, but does not rectify the legal defect. For example, it may not be possible to compel an adjoining owner to carry out repairs to protect the property and whilst financial compensation is provided by the policy part of the property may remain adversely affected.

    As a risk management procedure for you as a property lawyer and to ensure that your client can make an informed decision, we suggest that you consider and talk to your client about the following to ensure that the policy meets their needs:

    • why the transaction is proceeding using an insurance policy

    • how the inability to enforce the repair of the adjoining premises may affect the property

    • the options available to your client and their respective advantages and disadvantages

    • the extent and limitations of the policy cover

    • that the policy provides financial compensation only

    We would also suggest that you keep a clear and contemporaneous record of the advice that you give to your client.

    Type of insurance and cover

    The policy provides cover in the event that the property has a flying or creeping freehold.

    The duration of this non-investment insurance contract is 30 years.

    Significant features and benefits

    The policy provides cover if the property lacks adequate rights of support and protection and/or covenants for repair and maintenance and/or rights of access to effect such repair and maintenance.

    Cover includes

    We will pay for the following:

    • costs of repair of the adjoining premises

    • loss in market value to the property

    • costs and expenses incurred with Zurich’s consent

    Significant and Unusual Exclusions and Limitations
    (See policy terms and conditions for full details)

    We will not pay if:

    • The property is not used as a residential property.

    • At the commencement date the adjoining premises are not used for residential purposes.

    • The policy is disclosed to any third parties other than prospective purchasers, lessees, their mortgagees and/or legal advisors.

    • Liability is admitted or steps taken to settle a claim without the written consent of Zurich.

    • A claim is caused wholly or partly by the Insured.

    • The insured knew before the policy commencement date of any difficulties experienced in obtaining the co-operation of the owner of the adjoining premises in effecting repairs for the protection of the property.

    • Any business or activity of the insured would violate any applicable trade or economic sanctions, law or regulation.

    • The property is situated outside of England and Wales

    Where another policy is taken out covering the same risks Zurich will only pay its rateable contribution of any loss.

    Law applicable to this policy

    In the UK the law allows both the insured and Zurich to choose the law applicable to the contract. This contract will be subject to the relevant law of England and Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands depending upon the Property address stated in the Schedule. If there is any dispute as to which law applies it will be English law. The parties agree to submit to the exclusive jurisdiction of the English courts.

    Cancellation rights

    This policy entitles the Insured to a 14 day cooling off period. It is important that the Insured seeks legal advice before cancelling this policy as their contractual obligations maybe affected.

    Claims

    The Insured must give us written notice as soon as possible of any potential or actual claim or any circumstances likely to result in a claim. Notifications should be sent to:

    Legal Indemnity Claims
    Property Claims Department
    Zurich Insurance plc
    Zurich House
    2 Gladiator Way
    Farnborough
    GU14 6GB

    Email: legalindemnityclaims@uk.zurich.com

    Enquiry line: telephone 01252 387376

    Our complaints procedure

    We want to provide a first class service. If you have any cause for complaint you should, in the first instance, contact either the intermediary who arranged the policy for you, or the branch that issued your policy. Please quote the details of your policy (your surname and initials, policy number, departmental reference, etc).

    If we are unable to resolve your complaint to your satisfaction within 8 weeks, or if we have provided you with a final decision letter, you may be able to refer your complaint to the Financial Ombudsman Service (FOS). This is a free and impartial service.

    You can telephone for free on:

    0800 023 4567 - Calls to this number are now free on mobile phones and landlines.

    Or e-mail: complaint.info@financial-ombudsman.org.uk.

    The FOS will only consider your complaint if, at the time of notification, you are a consumer, a business employing fewer than 10 persons that has an annual turnover or balance sheet that does not exceed €2 million, a charity with an annual income of less than £1 million or a trustee of a trust with a net asset value of less £1 million.

    Following the Complaints Procedure does not affect your legal rights.

    The Financial Services Compensation Scheme (FSCS)

    We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation should we be unable to meet our obligations. You may contact the FSCS on 0800 678 1100 or further information is available at www.fscs.org.uk.

    How we use personal information

    Zurich Insurance plc holds data in accordance with the Data Protection Act 1998. It may be necessary for us to pass data to other organisations that supply products and services associated with this contract of insurance. In order to verify information, or to prevent and detect fraud, we may share information you give us with other organisations and public bodies, including the Police, accessing and updating various databases. If you give us false or inaccurate information and we suspect fraud, we will record this and the information will be available to other organisations that have access to the database(s). We can supply details of the databases we access or contribute to, on request.

    Zurich Insurance plc

    A public limited company incorporated in Ireland. Registration No. 13460.Registered Office: Zurich House, Ballsbridge Park, Dublin 4, Ireland.UK Branch registered in England and Wales Registration No. BR7985. UK Branch Head Office: The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO15 7JZ.

    Zurich Insurance plc is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request. These details can be checked on the FCA’s Financial Services Register via their website www.fca.org.uk or by contacting them on 0800 111 6768. Our FCA Firm Reference Number is 203093.

    Communications may be monitored or recorded to improve our service and for security and regulatory purposes. © Copyright – Zurich Insurance plc 2014.

    All rights reserved. Reproduction, adaptation, or translation without prior written permission is prohibited except as allowed under copyright laws.

    Back to top

    Good Leasehold Title

    Is this policy suitable for your client's needs?

    Please consider carefully the advice that you give to your client regarding this policy.. For example, there maybe alterations or extensions to the property crucial to your client’s enjoyment of the premises. However there may be unknown covenants or rights affecting the freehold title that could, if enforced, require the modification or demolition of such an extension. The policy provides for financial compensation in such a situation but this may not adequately compensate your client for loss of enjoyment if a feature of the property that they consider essential is lost.

    As a risk management procedure for you as a property lawyer and to ensure that your client can make an informed decision, we suggest that you consider and talk to your client about the following to ensure that the policy meets their needs:

    • why the transaction is proceeding using an insurance policy

    • how it could affect the property if an Adverse Right (as defined in the policy) were to be enforced

    • the options available to your client and their respective advantages and disadvantages

    • whether the property is being purchased for specific reasons

    • whether there are features of the property that if lost cannot be adequately compensated for by money

    • the extent and limitations of the policy cover

    • that the policy provides financial compensation only

    We would also suggest that you keep a clear and contemporaneous record of the advice that you give to your client.

    Type of insurance and cover

    The policy provides cover in respect of an Adverse Right as defined in the policy.

    The duration of this non-investment insurance contract is for the remainder of the term of the lease.

    Significant features and benefits

    The policy provides cover if a claimant establishes an Adverse Right arising out of the Defect in Title (as defined in the policy).

    Cover includes

    We will pay for the following:

    Damages and compensation, including costs and expenses, incurred in any proceedings; sums to release the property from the Adverse Right, loss in market value of the property arising from successful enforcement of an Adverse Right; sums paid with the written consent of Zurich; the cost of altering or demolishing all or part of the property if required by a court order.

    Significant and Unusual Exclusions and Limitations
    (See policy terms and conditions for full details)

    We will not pay if:

    • The property is not used as a single residential property.

    • The Insured knew about the Adverse Right before the commencement date.

    • The loss arises from any lease less than 15 years old unless that lease was granted out of a headlease which is more than 15 years old.

    • The policy is disclosed to any third parties other than prospective purchasers, lessees, their mortgagees and/or legal advisors.

    • Liability is admitted or steps taken to settle a claim without the written consent of Zurich.

    • Loss arises from an alteration, addition or extension to the property that was less than 12 months old at the policy commencement date.

    • A claim is caused wholly or partly by the Insured.

    • Any business or activity of the insured would violate any applicable trade or economic sanctions, law or regulation.

    • The property is situated outside of England and Wales

    Where another policy is taken out covering the same loss Zurich will only pay its rateable contribution of any claim.

    Law applicable to this policy

    In the UK the law allows both the insured and Zurich to choose the law applicable to the contract. This contract will be subject to the relevant law of England and Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands depending upon the Property address stated in the Schedule. If there is any dispute as to which law applies it will be English law. The parties agree to submit to the exclusive jurisdiction of the English courts.

    Cancellation rights

    This policy entitles the Insured to a 14 day cooling off period. It is important that the Insured seeks legal advice before cancelling this policy as their contractual obligations maybe affected.

    Claims

    The Insured must give us written notice as soon as possible of any potential or actual claim or any circumstances likely to result in a claim. Notifications should be sent to:

    Legal Indemnity Claims
    Property Claims Department
    Zurich Insurance plc
    Zurich House
    2 Gladiator Way
    Farnborough
    GU14 6GB

    Email: legalindemnityclaims@uk.zurich.com

    Enquiry line: telephone 01252 387376

    Our complaints procedure

    We want to provide a first class service. If you have any cause for complaint you should, in the first instance, contact either the intermediary who arranged the policy for you, or the branch that issued your policy. Please quote the details of your policy (your surname and initials, policy number, departmental reference, etc).

    If we are unable to resolve your complaint to your satisfaction within 8 weeks, or if we have provided you with a final decision letter, you may be able to refer your complaint to the Financial Ombudsman Service (FOS). This is a free and impartial service.

    You can telephone for free on:

    0800 023 4567 - Calls to this number are now free on mobile phones and landlines.

    Or e-mail: complaint.info@financial-ombudsman.org.uk.

    The FOS will only consider your complaint if, at the time of notification, you are a consumer, a business employing fewer than 10 persons that has an annual turnover or balance sheet that does not exceed €2 million, a charity with an annual income of less than £1 million or a trustee of a trust with a net asset value of less £1 million.

    Following the Complaints Procedure does not affect your legal rights.

    The Financial Services Compensation Scheme (FSCS)

    We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation should we be unable to meet our obligations. You may contact the FSCS on 0800 678 1100 or further information is available at www.fscs.org.uk.

    How we use personal information

    Zurich Insurance plc holds data in accordance with the Data Protection Act 1998. It may be necessary for us to pass data to other organisations that supply products and services associated with this contract of insurance. In order to verify information, or to prevent and detect fraud, we may share information you give us with other organisations and public bodies, including the Police, accessing and updating various databases. If you give us false or inaccurate information and we suspect fraud, we will record this and the information will be available to other organisations that have access to the database(s). We can supply details of the databases we access or contribute to, on request.

    Zurich Insurance plc

    A public limited company incorporated in Ireland. Registration No. 13460.Registered Office: Zurich House, Ballsbridge Park, Dublin 4, Ireland.UK Branch registered in England and Wales Registration No. BR7985. UK Branch Head Office: The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO15 7JZ.

    Zurich Insurance plc is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request. These details can be checked on the FCA’s Financial Services Register via their website www.fca.org.uk or by contacting them on 0800 111 6768. Our FCA Firm Reference Number is 203093.

    Communications may be monitored or recorded to improve our service and for security and regulatory purposes. © Copyright – Zurich Insurance plc 2014.

    All rights reserved. Reproduction, adaptation, or translation without prior written permission is prohibited except as allowed under copyright laws.

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    Insolvency Act

    Is this policy suitable for your client's needs?

    Please consider carefully the advice that you give to your client regarding this policy.

    As a risk management procedure for you as a property lawyer and to ensure that your client can make an informed decision, we suggest that you consider and talk to your client about the following to ensure that the policy meets their needs:

    • why the transaction is proceeding using an insurance policy

    • what could be the consequences of a claim arising under sections 339-342 of the Insolvency Act 1986

    • the options available to your client and their respective advantages and disadvantages

    • whether the property is being purchased for specific reasons

    • the extent and limitations of the policy cover

    • that the policy provides financial compensation only

    We would also suggest that you keep a clear and contemporaneous record of the advice that you give to your client.

    Type of insurance and cover

    The policy provides cover in the event of claims under sections 339-342 of the Insolvency Act 1986.

    The duration of this non-investment insurance contract is 5 years from the date of the Transfer (as defined in the policy).

    Significant features and benefits

    The policy provides cover if an attempt is made to have the Transfer set aside under sections 339-342 of the Insolvency Act 1986.

    Cover includes

    We will pay for the following:

    The loss in market value of the Insured’s interest in the property, sums paid to protect the Insured’s interest in the property, costs and expenses incurred with Zurich’s consent.

    Law applicable to this policy

    In the UK the law allows both the insured and Zurich to choose the law applicable to the contract. This contract will be subject to the relevant law of England and Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands depending upon the Property address stated in the Schedule. If there is any dispute as to which law applies it will be English law. The parties agree to submit to the exclusive jurisdiction of the English courts.

    Cancellation rights

    This policy entitles the Insured to a 14 day cooling off period. It is important that the Insured seeks legal advice before cancelling this policy as their contractual obligations maybe affected.

    Claims

    The Insured must give us written notice as soon as possible of any potential or actual claim or any circumstances likely to result in a claim. Notifications should be sent to:

    Legal Indemnity Claims
    Property Claims Department
    Zurich Insurance plc
    Zurich House
    2 Gladiator Way
    Farnborough
    GU14 6GB

    Email: legalindemnityclaims@uk.zurich.com

    Enquiry line: telephone 01252 387376

    Our complaints procedure

    We want to provide a first class service. If you have any cause for complaint you should, in the first instance, contact either the intermediary who arranged the policy for you, or the branch that issued your policy. Please quote the details of your policy (your surname and initials, policy number, departmental reference, etc).

    If we are unable to resolve your complaint to your satisfaction within 8 weeks, or if we have provided you with a final decision letter, you may be able to refer your complaint to the Financial Ombudsman Service (FOS). This is a free and impartial service.

    You can telephone for free on:

    0800 023 4567 - Calls to this number are now free on mobile phones and landlines.

    Or e-mail: complaint.info@financial-ombudsman.org.uk.

    The FOS will only consider your complaint if, at the time of notification, you are a consumer, a business employing fewer than 10 persons that has an annual turnover or balance sheet that does not exceed €2 million, a charity with an annual income of less than £1 million or a trustee of a trust with a net asset value of less £1 million.

    Following the Complaints Procedure does not affect your legal rights.

    The Financial Services Compensation Scheme (FSCS)

    We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation should we be unable to meet our obligations. You may contact the FSCS on 0800 678 1100 or further information is available at www.fscs.org.uk.

    How we use personal information

    Zurich Insurance plc holds data in accordance with the Data Protection Act 1998. It may be necessary for us to pass data to other organisations that supply products and services associated with this contract of insurance. In order to verify information, or to prevent and detect fraud, we may share information you give us with other organisations and public bodies, including the Police, accessing and updating various databases. If you give us false or inaccurate information and we suspect fraud, we will record this and the information will be available to other organisations that have access to the database(s). We can supply details of the databases we access or contribute to, on request.

    Zurich Insurance plc

    A public limited company incorporated in Ireland. Registration No. 13460.Registered Office: Zurich House, Ballsbridge Park, Dublin 4, Ireland.UK Branch registered in England and Wales Registration No. BR7985. UK Branch Head Office: The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO15 7JZ.

    Zurich Insurance plc is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request. These details can be checked on the FCA’s Financial Services Register via their website www.fca.org.uk or by contacting them on 0800 111 6768. Our FCA Firm Reference Number is 203093.

    Communications may be monitored or recorded to improve our service and for security and regulatory purposes. © Copyright – Zurich Insurance plc 2014.

    All rights reserved. Reproduction, adaptation, or translation without prior written permission is prohibited except as allowed under copyright laws.

    Back to top

    Lost Title Deeds

    Is this policy suitable for your client's needs?

    Please consider carefully the advice that you give to your client regarding this policy as there maybe matters arising out of the lost title deeds that may not be adequately compensated for by an insurance policy. For example, there maybe alterations or extensions carried out to the property that are important to your client but maybe in breach of unknown covenants contained in the lost title deeds. If such covenants were successfully enforced the alterations or extensions may need to be removed. Your client would receive financial compensation under the policy but nevertheless their enjoyment of the property may be adversely affected and they may wish that they had never purchased it.

    As a risk management procedure for you as a property lawyer and to ensure that your client can make an informed decision, we suggest that you consider and talk to your client about the following to ensure that the policy meets their needs:

    • why the transaction is proceeding using an insurance policy

    • how the property could be affected if an Adverse Right (as defined in the policy) were to be enforced

    • the options available to your client and their respective advantages and disadvantages

    • whether the property is being purchased for specific reasons

    • whether the property has features, the loss of which, would not be adequately compensated for by a monetary payment.

    • the extent and limitations of the policy cover

    • that the policy provides financial compensation only.

    We would also suggest that you keep a clear and contemporaneous record of the advice that you give to your client.

    Type of insurance and cover

    The policy provides cover in respect of an Adverse Right (as defined in the policy).

    The duration of this non-investment insurance contract is in perpetuity.

    Significant features and benefits

    The policy provides cover if a claimant establishes an Adverse Right arising out of the Defect in Title (as defined in the policy).

    Cover includes

    We will pay for the following:

    Damage and compensation including costs and expenses incurred in any proceedings; loss in market value of the property arising from successful enforcement of an Adverse Right; sums paid with the written consent of Zurich; the cost of altering or demolishing the property if required by a court order.

    Significant and Unusual Exclusions and Limitations
    (See policy terms and conditions for full details)

    We will not pay if:

    • The property is not used as a single residential property.

    • The insured knew the Adverse Right was being exercised over the property before the policy commencement date.

    • The policy is disclosed to any third parties other than prospective purchasers, lessees, their mortgagees and/or legal advisors.

    • Liability is admitted or steps taken to settle a claim without the written consent of Zurich.

    • A claim is caused wholly or partly by the Insured.

    • Loss arises from an interest or charge that was registered against the property before the policy commencement date.

    • Any business or activity of the insured would violate any applicable trade or economic sanctions, law or regulation.

    • The property is situated outside of England and Wales

    Where another policy is taken out covering the same loss Zurich will only pay its rateable contribution of any claim.

    Law applicable to this policy

    In the UK the law allows both the insured and Zurich to choose the law applicable to the contract. This contract will be subject to the relevant law of England and Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands depending upon the Property address stated in the Schedule. If there is any dispute as to which law applies it will be English law. The parties agree to submit to the exclusive jurisdiction of the English courts.

    Cancellation rights

    This policy entitles the Insured to a 14 day cooling off period. It is important that the Insured seeks legal advice before cancelling this policy as their contractual obligations maybe affected.

    Claims

    The Insured must give us written notice as soon as possible of any potential or actual claim or any circumstances likely to result in a claim. Notifications should be sent to:

    Legal Indemnity Claims
    Property Claims Department
    Zurich Insurance plc
    Zurich House
    2 Gladiator Way
    Farnborough
    GU14 6GB

    Email: legalindemnityclaims@uk.zurich.com

    Enquiry line: telephone 01252 387376

    Our complaints procedure

    We want to provide a first class service. If you have any cause for complaint you should, in the first instance, contact either the intermediary who arranged the policy for you, or the branch that issued your policy. Please quote the details of your policy (your surname and initials, policy number, departmental reference, etc).

    If we are unable to resolve your complaint to your satisfaction within 8 weeks, or if we have provided you with a final decision letter, you may be able to refer your complaint to the Financial Ombudsman Service (FOS). This is a free and impartial service.

    You can telephone for free on:

    0800 023 4567 - Calls to this number are now free on mobile phones and landlines.

    Or e-mail: complaint.info@financial-ombudsman.org.uk.

    The FOS will only consider your complaint if, at the time of notification, you are a consumer, a business employing fewer than 10 persons that has an annual turnover or balance sheet that does not exceed €2 million, a charity with an annual income of less than £1 million or a trustee of a trust with a net asset value of less £1 million.

    Following the Complaints Procedure does not affect your legal rights.

    The Financial Services Compensation Scheme (FSCS)

    We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation should we be unable to meet our obligations. You may contact the FSCS on 0800 678 1100 or further information is available at www.fscs.org.uk.

    How we use personal information

    Zurich Insurance plc holds data in accordance with the Data Protection Act 1998. It may be necessary for us to pass data to other organisations that supply products and services associated with this contract of insurance. In order to verify information, or to prevent and detect fraud, we may share information you give us with other organisations and public bodies, including the Police, accessing and updating various databases. If you give us false or inaccurate information and we suspect fraud, we will record this and the information will be available to other organisations that have access to the database(s). We can supply details of the databases we access or contribute to, on request.

    Zurich Insurance plc

    A public limited company incorporated in Ireland. Registration No. 13460.Registered Office: Zurich House, Ballsbridge Park, Dublin 4, Ireland.UK Branch registered in England and Wales Registration No. BR7985. UK Branch Head Office: The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO15 7JZ.

    Zurich Insurance plc is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request. These details can be checked on the FCA’s Financial Services Register via their website www.fca.org.uk or by contacting them on 0800 111 6768. Our FCA Firm Reference Number is 203093.

    Communications may be monitored or recorded to improve our service and for security and regulatory purposes. © Copyright – Zurich Insurance plc 2014.

    All rights reserved. Reproduction, adaptation, or translation without prior written permission is prohibited except as allowed under copyright laws.

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    Missing Information

    Is this policy suitable for your client's needs?

    Please consider carefully the advice that you give to your client regarding this policy as there maybe matters arising out of the lost title deeds that may not be adequately compensated for by an insurance policy. For example, there maybe alterations or extensions carried out to the property that are important to your client but maybe in breach of unknown covenants contained in the lost title deeds. If such covenants were successfully enforced the alterations or extensions may need to be removed. Your client would receive financial compensation under the policy but nevertheless their enjoyment of the property may be adversely affected and they may wish that they had never purchased it.

    As a risk management procedure for you as a property lawyer and to ensure that your client can make an informed decision, we suggest that you consider and talk to your client about the following to ensure that the policy meets their needs:

    • why the transaction is proceeding using an insurance policy

    • what the effect on the property could be if an Adverse Right (as defined in the policy) were to be enforced

    • the options available to your client and their respective advantages and disadvantages

    • whether the property is being purchased for specific reasons

    • whether the property has features, which if lost, would not be adequately compensated for by a monetary payment.

    • the extent and limitations of the policy cover

    • that the policy provides financial compensation only.

    We would also suggest that you keep a clear and contemporaneous record of the advice that you give to your client.

    Type of insurance and cover

    The policy provides cover in respect of an Adverse Right (as defined in the policy).

    The duration of this non-investment insurance contract is in perpetuity.

    Significant features and benefits

    The policy provides cover if a claimant establishes an Adverse Right arising out of the Defect in Title (as defined in the policy).

    Cover includes

    We will pay for the following:

    Damage and compensation including costs and expenses incurred in any proceedings; sums to free the property from the Adverse Right; loss in market value of the property arising from successful enforcement; sums paid with the written consent of Zurich; the cost of altering or demolishing the property if required by a court order.

    Significant and Unusual Exclusions and Limitations

    (See policy terms and conditions for full details)

    We will not pay if:

    • The property is not used as a single residential property.

    • The loss arises from alterations or additions carried out less than 12 months before the commencement date.

    • The Adverse Right is contained in a document less than 10 years old at the commencement date or is a lease or financial charge.

    • The Adverse Right was being exercised over the property before the commencement date.

    • The policy is disclosed to any third parties other than prospective purchasers, lessees, their mortgagees and/or legal advisors.

    • Liability is admitted or steps taken to settle a claim without the written consent of Zurich.

    • A claim is caused wholly or partly by the Insured.

    • Loss arises from objections or communications adverse to the insured’s title that the insured knew about before the policy commencement date.

    • Any business or activity of the insured would violate any applicable trade or economic sanctions, law or regulation.

    • The property is situated outside of England and Wales

    Where another policy is taken out covering the same loss Zurich will only pay its rateable contribution of any claim.

    Law applicable to this policy

    In the UK the law allows both the insured and Zurich to choose the law applicable to the contract. This contract will be subject to the relevant law of England and Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands depending upon the Property address stated in the Schedule. If there is any dispute as to which law applies it will be English law. The parties agree to submit to the exclusive jurisdiction of the English courts.

    Cancellation rights

    This policy entitles the Insured to a 14 day cooling off period. It is important that the Insured seeks legal advice before cancelling this policy as their contractual obligations maybe affected.

    Claims

    The Insured must give us written notice as soon as possible of any potential or actual claim or any circumstances likely to result in a claim. Notifications should be sent to:

    Legal Indemnity Claims
    Property Claims Department
    Zurich Insurance plc
    Zurich House
    2 Gladiator Way
    Farnborough
    GU14 6GB

    Email: legalindemnityclaims@uk.zurich.com

    Enquiry line: telephone 01252 387376

    Our complaints procedure

    We want to provide a first class service. If you have any cause for complaint you should, in the first instance, contact either the intermediary who arranged the policy for you, or the branch that issued your policy. Please quote the details of your policy (your surname and initials, policy number, departmental reference, etc).

    If we are unable to resolve your complaint to your satisfaction within 8 weeks, or if we have provided you with a final decision letter, you may be able to refer your complaint to the Financial Ombudsman Service (FOS). This is a free and impartial service.

    You can telephone for free on:

    0800 023 4567 - Calls to this number are now free on mobile phones and landlines.

    Or e-mail: complaint.info@financial-ombudsman.org.uk.

    The FOS will only consider your complaint if, at the time of notification, you are a consumer, a business employing fewer than 10 persons that has an annual turnover or balance sheet that does not exceed €2 million, a charity with an annual income of less than £1 million or a trustee of a trust with a net asset value of less £1 million.

    Following the Complaints Procedure does not affect your legal rights.

    The Financial Services Compensation Scheme (FSCS)

    We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation should we be unable to meet our obligations. You may contact the FSCS on 0800 678 1100 or further information is available at www.fscs.org.uk.

    How we use personal information

    Zurich Insurance plc holds data in accordance with the Data Protection Act 1998. It may be necessary for us to pass data to other organisations that supply products and services associated with this contract of insurance. In order to verify information, or to prevent and detect fraud, we may share information you give us with other organisations and public bodies, including the Police, accessing and updating various databases. If you give us false or inaccurate information and we suspect fraud, we will record this and the information will be available to other organisations that have access to the database(s). We can supply details of the databases we access or contribute to, on request.

    Zurich Insurance plc

    A public limited company incorporated in Ireland. Registration No. 13460.Registered Office: Zurich House, Ballsbridge Park, Dublin 4, Ireland.UK Branch registered in England and Wales Registration No. BR7985. UK Branch Head Office: The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO15 7JZ.

    Zurich Insurance plc is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request. These details can be checked on the FCA’s Financial Services Register via their website www.fca.org.uk or by contacting them on 0800 111 6768. Our FCA Firm Reference Number is 203093.

    Communications may be monitored or recorded to improve our service and for security and regulatory purposes. © Copyright – Zurich Insurance plc 2014.

    All rights reserved. Reproduction, adaptation, or translation without prior written permission is prohibited except as allowed under copyright laws.

    Back to top

    Missing Landlord

    Is this policy suitable for your client's needs?

    Please consider carefully the advice that you give to your client regarding this policy as there maybe consequences for them arising out of the current untraceability of the landlord that may not be adequately compensated for by an insurance policy. For example, there maybe alterations or extensions carried out to the property that are important to your client but maybe in breach of covenants contained in the lease. If the covenants are successfully enforced any such extensions or alterations may need to be removed. Whilst the policy provides for financial compensation your client’s enjoyment of the property may nevertheless be affected to the extent that they may wish that they had not purchased the property.

    As a risk management procedure for you as a property lawyer and to ensure that your client can make an informed decision, we suggest that you consider and talk to your client about the following to ensure that the policy meets their needs:

    • why the transaction is proceeding using an insurance policy

    • what the consequences could be for your client if the landlord reappears

    • the options available to your client and their respective advantages and disadvantages

    • whether the property is being purchased for specific reasons

    • whether the property has features which if lost, would not be adequately compensated for by a monetary payment

    • the extent and limitations of the policy cover

    • that the policy provides financial compensation only

    We would also suggest that you keep a clear and contemporaneous record of the advice that you give to your client.

    Type of insurance and cover

    The policy provides cover in the event that a landlord is missing, fails to respond to correspondence or is in receivership.

    The duration of this non-investment insurance contract is for the remainder of the term of the lease.

    Significant features and benefits

    The policy provides cover if action is taken in respect of arrears of service charge and ground rent and/or alterations, additions or extensions which are over 12 months old and in breach of covenant.

    Cover includes

    We will pay for the following:

    Arrears of service charge and ground rent; damages and compensation including costs and expenses incurred in any proceedings; loss in market value of the property arising from successful enforcement; sums paid with the written consent of Zurich; the cost of altering or demolishing the property if required by a court order.

    Significant and Unusual Exclusions and Limitations

    (See policy terms and conditions for full details)

    We will not pay if:

    • The property is not used as a single residential property.

    • The Insured fails to take steps prior to the commencement date to locate or communicate with the landlord.

    • The term remaining on the lease is less than 40 years at the commencement date.

    • The loss arises out of alterations that are less than 12 months old or out of matters in respect of which the Insured knew there had been objections prior to the commencement date.

    • The Insured fails to take steps to protect their interest in the property such as making an application for relief from forfeiture.

    • The policy is disclosed to third parties other than prospective purchasers, lessees, their mortgagees and/or legal advisors.

    • Liability is admitted or steps taken to settle a claim without the written consent of Zurich.

    • A claim is caused wholly or partly by the Insured.

    • Any business or activity of the insured would violate any applicable trade or economic sanctions, law or regulation.

    • Te property is situated outside of England and Wales

    Where another policy is taken out covering the same loss Zurich will only pay its rateable contribution of any claim.

    Law applicable to this policy

    In the UK the law allows both the insured and Zurich to choose the law applicable to the contract. This contract will be subject to the relevant law of England and Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands depending upon the Property address stated in the Schedule. If there is any dispute as to which law applies it will be English law. The parties agree to submit to the exclusive jurisdiction of the English courts.

    Cancellation rights

    This policy entitles the Insured to a 14 day cooling off period. It is important that the Insured seeks legal advice before cancelling this policy as their contractual obligations maybe affected.

    Claims

    The Insured must give us written notice as soon as possible of any potential or actual claim or any circumstances likely to result in a claim. Notifications should be sent to:

    Legal Indemnity Claims
    Property Claims Department
    Zurich Insurance plc
    Zurich House
    2 Gladiator Way
    Farnborough
    GU14 6GB

    Email: legalindemnityclaims@uk.zurich.com

    Enquiry line: telephone 01252 387376

    Our complaints procedure

    We want to provide a first class service. If you have any cause for complaint you should, in the first instance, contact either the intermediary who arranged the policy for you, or the branch that issued your policy. Please quote the details of your policy (your surname and initials, policy number, departmental reference, etc).

    If we are unable to resolve your complaint to your satisfaction within 8 weeks, or if we have provided you with a final decision letter, you may be able to refer your complaint to the Financial Ombudsman Service (FOS). This is a free and impartial service.

    You can telephone for free on:

    0800 023 4567 - Calls to this number are now free on mobile phones and landlines.

    Or e-mail: complaint.info@financial-ombudsman.org.uk.

    The FOS will only consider your complaint if, at the time of notification, you are a consumer, a business employing fewer than 10 persons that has an annual turnover or balance sheet that does not exceed €2 million, a charity with an annual income of less than £1 million or a trustee of a trust with a net asset value of less £1 million.

    Following the Complaints Procedure does not affect your legal rights.

    The Financial Services Compensation Scheme (FSCS)

    We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation should we be unable to meet our obligations. You may contact the FSCS on 0800 678 1100 or further information is available at www.fscs.org.uk.

    How we use personal information

    Zurich Insurance plc holds data in accordance with the Data Protection Act 1998. It may be necessary for us to pass data to other organisations that supply products and services associated with this contract of insurance. In order to verify information, or to prevent and detect fraud, we may share information you give us with other organisations and public bodies, including the Police, accessing and updating various databases. If you give us false or inaccurate information and we suspect fraud, we will record this and the information will be available to other organisations that have access to the database(s). We can supply details of the databases we access or contribute to, on request.

    Zurich Insurance plc

    A public limited company incorporated in Ireland. Registration No. 13460.Registered Office: Zurich House, Ballsbridge Park, Dublin 4, Ireland.UK Branch registered in England and Wales Registration No. BR7985. UK Branch Head Office: The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO15 7JZ.

    Zurich Insurance plc is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request. These details can be checked on the FCA’s Financial Services Register via their website www.fca.org.uk or by contacting them on 0800 111 6768. Our FCA Firm Reference Number is 203093.

    Communications may be monitored or recorded to improve our service and for security and regulatory purposes. © Copyright – Zurich Insurance plc 2014.

    All rights reserved. Reproduction, adaptation, or translation without prior written permission is prohibited except as allowed under copyright laws.

    Back to top

    Planning and Building Regulations

    Is this policy suitable for your client's needs?

    Please consider carefully the advice that you give to your client regarding this policy as there maybe matters that are important to them that may not be adequately compensated for by an insurance policy. For example, the property may have alterations or extensions that are important to your client but are in breach of planning or building regulations. If enforcement action were successfully taken these may need to be removed. Your client would receive financial compensation under the policy but their enjoyment of the property may nevertheless be adversely affected and they may wish that they had not purchased it.

    As a risk management procedure for you as a property lawyer and to ensure that your client can make an informed decision, we suggest that you consider and talk to your client about the following to ensure that it meets their needs:

    • why the transaction is proceeding with a subsisting or potential breach of planning and/or building control

    • how the property could be affected if successful enforcement action were taken

    • the options available to your client and their respective advantages and disadvantages

    • whether the property is being purchased for specific reasons

    • whether the property has features which if lost, would not be adequately compensated for by a monetary payment

    • the extent and limitations of the policy cover

    • that the policy provides financial compensation only

    We would also suggest that you keep a clear and contemporaneous record of the advice that you give to your client.

    Type of insurance and cover

    The policy provides cover in respect of breaches of planning and/or building regulations.

    The duration of this non-investment insurance contract is in perpetuity.

    Significant features and benefits

    The policy provides cover if the local authority takes successful enforcement action in respect of the Works (as defined in the policy).

    Cover includes

    We will pay for the following:

    Costs and expenses incurred in any proceedings; loss in market value of the property arising from successful enforcement; sums paid with the written consent of Zurich; the cost of altering or demolishing the property if required as a result of successful enforcement action.

    Significant and Unusual Exclusions and Limitations

    (See policy terms and conditions for full details)

    We will not pay if:

    • The property is not used as a single residential property.

    • The property is listed.

    • Planning permission has been declined for the Works or the Insured communicates or has communicated with the Local Authority in respect of the Works whether before or after the commencement date.

    • The policy is disclosed to any third parties other than prospective purchasers, lessees, their mortgagees and/or legal advisors.

    • Liability is admitted or steps taken to settle a claim without the written consent of Zurich.

    • A claim is caused wholly or partly by the Insured.

    • Enforcement Action (as defined by the policy) is not taken against you

    • Any business or activity of the insured would violate any applicable trade or economic sanctions, law or regulation.

    • The property is situated outside of England and Wales

    Where another policy is taken out covering the same loss Zurich will only pay its rateable contribution of any claim.

    Law applicable to this policy

    In the UK the law allows both the insured and Zurich to choose the law applicable to the contract. This contract will be subject to the relevant law of England and Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands depending upon the Property address stated in the Schedule. If there is any dispute as to which law applies it will be English law. The parties agree to submit to the exclusive jurisdiction of the English courts.

    Cancellation rights

    This policy entitles the Insured to a 14 day cooling off period. It is important that the Insured seeks legal advice before cancelling this policy as their contractual obligations maybe affected.

    Claims

    The Insured must give us written notice as soon as possible of any potential or actual claim or any circumstances likely to result in a claim. Notifications should be sent to:

    Legal Indemnity Claims
    Property Claims Department
    Zurich Insurance plc
    Zurich House
    2 Gladiator Way
    Farnborough
    GU14 6GB

    Email: legalindemnityclaims@uk.zurich.com

    Enquiry line: telephone 01252 387376

    Our complaints procedure

    We want to provide a first class service. If you have any cause for complaint you should, in the first instance, contact either the intermediary who arranged the policy for you, or the branch that issued your policy. Please quote the details of your policy (your surname and initials, policy number, departmental reference, etc).

    If we are unable to resolve your complaint to your satisfaction within 8 weeks, or if we have provided you with a final decision letter, you may be able to refer your complaint to the Financial Ombudsman Service (FOS). This is a free and impartial service.

    You can telephone for free on:

    0800 023 4567 - Calls to this number are now free on mobile phones and landlines.

    Or e-mail: complaint.info@financial-ombudsman.org.uk.

    The FOS will only consider your complaint if, at the time of notification, you are a consumer, a business employing fewer than 10 persons that has an annual turnover or balance sheet that does not exceed €2 million, a charity with an annual income of less than £1 million or a trustee of a trust with a net asset value of less £1 million.

    Following the Complaints Procedure does not affect your legal rights.

    The Financial Services Compensation Scheme (FSCS)

    We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation should we be unable to meet our obligations. You may contact the FSCS on 0800 678 1100 or further information is available at www.fscs.org.uk.

    How we use personal information

    Zurich Insurance plc holds data in accordance with the Data Protection Act 1998. It may be necessary for us to pass data to other organisations that supply products and services associated with this contract of insurance. In order to verify information, or to prevent and detect fraud, we may share information you give us with other organisations and public bodies, including the Police, accessing and updating various databases. If you give us false or inaccurate information and we suspect fraud, we will record this and the information will be available to other organisations that have access to the database(s). We can supply details of the databases we access or contribute to, on request.

    Zurich Insurance plc

    A public limited company incorporated in Ireland. Registration No. 13460.Registered Office: Zurich House, Ballsbridge Park, Dublin 4, Ireland.UK Branch registered in England and Wales Registration No. BR7985. UK Branch Head Office: The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO15 7JZ.

    Zurich Insurance plc is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request. These details can be checked on the FCA’s Financial Services Register via their website www.fca.org.uk or by contacting them on 0800 111 6768. Our FCA Firm Reference Number is 203093.

    Communications may be monitored or recorded to improve our service and for security and regulatory purposes. © Copyright – Zurich Insurance plc 2014.

    All rights reserved. Reproduction, adaptation, or translation without prior written permission is prohibited except as allowed under copyright laws.

    Back to top

    Restrictive Covenant

    Is this policy suitable for your client's needs?

    As there maybe consequences arising out of a breach of covenant that may not be adequately compensated for by an insurance policy. For example, the property may have alterations or extensions that are important to your client but are in breach of covenant. If such covenants were successfully enforced the alterations or extensions may need to be removed. Your client would receive financial compensation under the policy but their enjoyment of the property may nevertheless be adversely affected and they may wish that they had not purchased it.

    As a risk management procedure for you as a property lawyer and to ensure that your client can make an informed decision, we suggest that you consider and talk to your client about the following to ensure that the policy meets their needs:

    • why the transaction is proceeding with a subsisting or possible breach of covenant

    • how the property could be affected if covenants were enforced

    • the options available to your client and their respective advantages and disadvantages

    • whether the property is being purchased for specific reasons

    • whether the property has features which if lost, would not be adequately compensated for by a monetary payment

    • the extent and limitations of the policy cover

    • that the policy provides financial compensation only.

    We would also suggest that you keep a clear and contemporaneous record of the advice that you give to your client.

    Type of insurance and cover

    The policy provides cover in respect of known and unknown restrictive covenants.

    The duration of this non-investment insurance contract is in perpetuity.

    Significant features and benefits

    The policy provides cover if a claimant attempts to establish by court order that the Insured Use (as defined in the policy) of the property is in breach of covenant.

    Cover includes

    We will pay for the following:

    Damages or compensation incurred in any proceedings, including costs and expenses; sums paid with the written consent of Zurich to free the property from the restrictive covenants; loss in market value of the property arising from successful enforcement, the cost of altering or demolishing the property if required by court order.

    Significant and Unusual Exclusions and Limitations

    (See policy terms and conditions for full details)

    We will not pay if:

    • The property is not used as a single residential property.

    • The policy is disclosed to any third parties other than prospective purchasers, lessees, their mortgagees and/or legal advisors.

    • Liability is admitted or steps taken to settle a claim without the written consent of Zurich.

    • A claim is caused wholly or partly by the Insured.

    • Any business or activity of the insured would violate any applicable trade or economic sanctions, law or regulation.

    • The property is situated outside of England and Wales.

    Where another policy is taken out covering the same loss Zurich will only pay its rateable contribution of any claim.

    Law applicable to this policy

    In the UK the law allows both the insured and Zurich to choose the law applicable to the contract. This contract will be subject to the relevant law of England and Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands depending upon the Property address stated in the Schedule. If there is any dispute as to which law applies it will be English law. The parties agree to submit to the exclusive jurisdiction of the English courts.

    Cancellation rights

    This policy entitles the Insured to a 14 day cooling off period. It is important that the Insured seeks legal advice before cancelling this policy as their contractual obligations maybe affected.

    Claims

    The Insured must give us written notice as soon as possible of any potential or actual claim or any circumstances likely to result in a claim. Notifications should be sent to:

    Legal Indemnity Claims
    Property Claims Department
    Zurich Insurance plc
    Zurich House
    2 Gladiator Way
    Farnborough
    GU14 6GB

    Email: legalindemnityclaims@uk.zurich.com

    Enquiry line: telephone 01252 387376

    Our complaints procedure

    We want to provide a first class service. If you have any cause for complaint you should, in the first instance, contact either the intermediary who arranged the policy for you, or the branch that issued your policy. Please quote the details of your policy (your surname and initials, policy number, departmental reference, etc).

    If we are unable to resolve your complaint to your satisfaction within 8 weeks, or if we have provided you with a final decision letter, you may be able to refer your complaint to the Financial Ombudsman Service (FOS). This is a free and impartial service.

    You can telephone for free on:

    0800 023 4567 - Calls to this number are now free on mobile phones and landlines.

    Or e-mail: complaint.info@financial-ombudsman.org.uk.

    The FOS will only consider your complaint if, at the time of notification, you are a consumer, a business employing fewer than 10 persons that has an annual turnover or balance sheet that does not exceed €2 million, a charity with an annual income of less than £1 million or a trustee of a trust with a net asset value of less £1 million.

    Following the Complaints Procedure does not affect your legal rights.

    The Financial Services Compensation Scheme (FSCS)

    We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation should we be unable to meet our obligations. You may contact the FSCS on 0800 678 1100 or further information is available at www.fscs.org.uk.

    How we use personal information

    Zurich Insurance plc holds data in accordance with the Data Protection Act 1998. It may be necessary for us to pass data to other organisations that supply products and services associated with this contract of insurance. In order to verify information, or to prevent and detect fraud, we may share information you give us with other organisations and public bodies, including the Police, accessing and updating various databases. If you give us false or inaccurate information and we suspect fraud, we will record this and the information will be available to other organisations that have access to the database(s). We can supply details of the databases we access or contribute to, on request.

    Zurich Insurance plc

    A public limited company incorporated in Ireland. Registration No. 13460.Registered Office: Zurich House, Ballsbridge Park, Dublin 4, Ireland.UK Branch registered in England and Wales Registration No. BR7985. UK Branch Head Office: The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO15 7JZ.

    Zurich Insurance plc is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request. These details can be checked on the FCA’s Financial Services Register via their website www.fca.org.uk or by contacting them on 0800 111 6768. Our FCA Firm Reference Number is 203093.

    Communications may be monitored or recorded to improve our service and for security and regulatory purposes. © Copyright – Zurich Insurance plc 2014.

    All rights reserved. Reproduction, adaptation, or translation without prior written permission is prohibited except as allowed under copyright laws.

    Back to top

    Search Insurance

    Is this policy suitable for your client's needs?

    Please consider carefully the advice that you give to your client regarding this policy as there maybe matters revealed by a search that would be of significance to them that may not be adequately compensated for by an insurance policy. For example, Tree Preservation Orders or the listing of buildings may limit the ability to carry out future alterations. Additionally, nearby road or rail schemes may increase traffic and/or noise. Some of these matters may cause a loss in market value and can be compensated for financially, others may not, but may nevertheless adversely affect your client’s interest in and enjoyment of the property, and had they known about them they may not have proceeded with the transaction.

    As a risk management procedure for you as a property lawyer and to ensure that your client can make an informed decision, we suggest that you consider and talk to your client about the following to ensure that this policy meets their needs:

    • why the transaction is proceeding without a search or an up to date search

    • what information could be revealed by a search

    • the options available to your client and their respective advantages and disadvantages

    • whether the property is being purchased for specific reasons

    • whether the property has features which if lost, would not be adequately compensated for by a monetary payment

    • the extent and limitations of the policy cover

    • that the policy provides financial compensation only

    We would also suggest that you keep a clear and contemporaneous record of the advice that you give to your client.

    Type of insurance and cover

    The policy covers one of the following:

    a) the validation of a Search (as defined in the policy) carried out not more than 12 months ago
    b) a delayed Search
    c) a purchase or a re-mortgage proceeding without a Search.

    The duration of this non-investment insurance contract is:

    a) for a purchaser, equal to the period of their ownership
    b) for a lender, equal to the term of its mortgage advance.

    Significant features and benefits

    The policy covers the property if it is affected by a matter which would have been revealed on a Search had one been obtained at the commencement date of the policy.

    Cover includes

    We will pay for the following:

    Loss in market value of the property arising from matters that would have been revealed on a Search, the cost of any financial charges registered against the property and costs and expenses incurred with the written consent of Zurich.

    Significant and Unusual Exclusions and Limitations

    (See policy terms and conditions for full details)

    We will not pay if:

    • The property is not used as a single residence, the loss can be recovered under a household buildings insurance policy or arises from environmental contamination.

    • The policy is disclosed to any third parties other than prospective purchasers, lessees, their mortgagees and/or legal advisors.

    • Liability is admitted or steps taken to settle a claim without the written consent of Zurich or if claims are caused wholly or partly by the Insured.

    • Any business or activity of the insured would violate any applicable trade or economic sanctions, law or regulation.

    • The property is situated outside of England and Wales

    Law applicable to this policy

    In the UK the law allows both the insured and Zurich to choose the law applicable to the contract. This contract will be subject to the relevant law of England and Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands depending upon the Property address stated in the Schedule. If there is any dispute as to which law applies it will be English law. The parties agree to submit to the exclusive jurisdiction of the English courts.

    Cancellation rights

    This policy entitles the Insured to a 14 day cooling off period. It is important that the Insured seeks legal advice before cancelling this policy as their contractual obligations maybe affected.

    Claims

    The Insured must give us written notice as soon as possible of any potential or actual claim or any circumstances likely to result in a claim. Notifications should be sent to:

    Legal Indemnity Claims
    Property Claims Department
    Zurich Insurance plc
    Zurich House
    2 Gladiator Way
    Farnborough
    GU14 6GB

    Email: legalindemnityclaims@uk.zurich.com

    Enquiry line: telephone 01252 387376

    Our complaints procedure

    We want to provide a first class service. If you have any cause for complaint you should, in the first instance, contact either the intermediary who arranged the policy for you, or the branch that issued your policy. Please quote the details of your policy (your surname and initials, policy number, departmental reference, etc).

    If we are unable to resolve your complaint to your satisfaction within 8 weeks, or if we have provided you with a final decision letter, you may be able to refer your complaint to the Financial Ombudsman Service (FOS). This is a free and impartial service.

    You can telephone for free on:

    0800 023 4567 - Calls to this number are now free on mobile phones and landlines.

    Or e-mail: complaint.info@financial-ombudsman.org.uk.

    The FOS will only consider your complaint if, at the time of notification, you are a consumer, a business employing fewer than 10 persons that has an annual turnover or balance sheet that does not exceed €2 million, a charity with an annual income of less than £1 million or a trustee of a trust with a net asset value of less £1 million.

    Following the Complaints Procedure does not affect your legal rights.

    The Financial Services Compensation Scheme (FSCS)

    We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation should we be unable to meet our obligations. You may contact the FSCS on 0800 678 1100 or further information is available at www.fscs.org.uk.

    How we use personal information

    Zurich Insurance plc holds data in accordance with the Data Protection Act 1998. It may be necessary for us to pass data to other organisations that supply products and services associated with this contract of insurance. In order to verify information, or to prevent and detect fraud, we may share information you give us with other organisations and public bodies, including the Police, accessing and updating various databases. If you give us false or inaccurate information and we suspect fraud, we will record this and the information will be available to other organisations that have access to the database(s). We can supply details of the databases we access or contribute to, on request.

    Zurich Insurance plc

    A public limited company incorporated in Ireland. Registration No. 13460.Registered Office: Zurich House, Ballsbridge Park, Dublin 4, Ireland.UK Branch registered in England and Wales Registration No. BR7985. UK Branch Head Office: The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO15 7JZ.

    Zurich Insurance plc is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request. These details can be checked on the FCA’s Financial Services Register via their website www.fca.org.uk or by contacting them on 0800 111 6768. Our FCA Firm Reference Number is 203093.

    Communications may be monitored or recorded to improve our service and for security and regulatory purposes. © Copyright – Zurich Insurance plc 2014.

    All rights reserved. Reproduction, adaptation, or translation without prior written permission is prohibited except as allowed under copyright laws.

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  • Articles and info

    Real Issues for Real Estate

    Welcome to our library of Real Estate articles. Our aim is to provide you with knowledge and support in all areas of Real Estate.

    Insurance Preminum Tax Rate Increase

    Insurance specialists will be aware that Insurance Premium Tax (IPT) rises from five to six per cent early in the New Year of 2011. Conveyancers, on the other hand, may not be so aware. Legal Indemnity quotes are often obtained weeks or even months before the policy is placed on risk, so there is a real possibility that notice of the increase will not have been given in quotes obtained in 2010.

    It is worthwhile checking with the insurer or broker from whom you obtained the quote. If a new legal indemnity policy is due to start on or after 04 January 2011 then 6% IPT will be charged. It may be that the original quote will need updating to reflect this and the client advised of the change.

    Users of Zurich’s legal indemnities residential self-issue pack and on-line self-issue facilities will not need to worry. That’s because Zurich will be absorbing the tax increase and the total price of these self-issue policies won’t change.

    We will however be issuing replacement contents for the self-issue packs before the end of the year, updated as a result of the tax change. If you’re a self-issue pack user and haven’t received your update before the end of December 2010, please inform the Conveyancing Underwriting Centre on 020 7256 3838 or email enquiries@zcuc.co.uk.

    Writers: Tiko Rawlinson-Winder, LLB, Solicitor and Senior Legal Indemnities Underwriter and Valerie Hosty BA (Hons) Law, Legal Indemnities Manager

    The material contained in this article is issued by Zurich and does not establish, report or create the standard of care for solicitors, nor does it represent a complete analysis of the topics presented or constitute legal advice. It is intended to highlight issues which may be of interest to our customers. Readers should conduct their own appropriate research on how to act in any particular case.

    Chancel Repair Liability

    Chancel repair liability - search or insure - is there an effective solution?

    There are still almost 3 years to go until 13th October 2013. A liability to repair the chancel of a church will still exist as an overriding interest until this date. After that, the liability will only be enforceable against a purchaser, if, in the case of registered land, it has been protected by a unilateral or agreed notice, or in the case of unregistered land, notice of the liability already appears in the title deeds or as a caution against first registration.

    What guidelines exist for conveyancers?

    The CML and Building Society part 1 handbooks merely stipulate that all usual and necessary searches should be carried out as well as searches appropriate to a particular property, taking into account its locality. These general instructions are silent as to what is expressly required in respect of chancel liability - both in terms of searches to be carried out and insurance.

    The Law Society’s Conveyancing Handbook by Francis Silverman is widely considered as the bench mark for professional practice. It contains no specific requirement for a search or insurance. Nor does it prohibit the use of insurance.

    Where there is no mention of a liability in the title deeds, the handbook states that solicitors must assess whether it is appropriate to make enquiries. However, that assessment is not necessarily an easy one to make. What criteria should be used? Even the proximity of a property to a church is not a reliable indicator of potential liability.

    Should the question for the conveyancer be - what records should I search and how conclusive, if at all, can the search result be?

    The current problem is that there is no easy or conclusive way to find out if a property is subject to a potential liability.

    Unfortunately, as the origins of chancel liability are varied, the answer seems to be that there is no one search that can give a definitive property specific result. Although fast and relatively cheap search services are available from commercial providers it can be argued that they are of limited value. They will reveal if a property is in a parish where there may be a potential liability but are no more specific than that.

    Will a negative result obtained from a screening search mean that there can be no chancel repair liability on that property?

    Screening search providers appear to produce their search results based on records held in the National Archives. However, as the National Archives points out in its website (www.nationalarchives.gov.uk), there is no single central register which can be used to identify all chancel repair liability. The website warns that the National Archives only holds information on liability identified under the Tithe Act, 1936 and explains that chancel repair liability not so identified can still exist and affect a property. The website gives examples of situations where liability may exist but will not be documented in the records of ascertainment. Other sources of information will therefore need to be checked in addition to establish if a property is subject to a liability.

    It is therefore reasonable to conclude that a negative result obtained from a screening search does not mean that there can be no chancel repair liability on a property. The terms and conditions attached to the search report are likely to explain its limitations and are worth checking.

    Search insurance

    There are now several no search required insurance policies available that cost little more (and sometimes less) than the cost of a screening search. Could the most sensible and cost effective solution for the client be to avoid the cost of a perhaps inadequate search and purchase no search insurance instead?

    This is not contrary to the requirements of the part 1 lenders’ or Law Society’s handbooks and will (subject to the policy terms and conditions) ensure all sources of potential chancel repair liability have been covered. Lawyers will need to check individual lenders’ part 2 instructions to ensure that the use of search insurance is not prohibited. In the event that it is, and in the absence of an adequate search solution, the best course of action may be to seek the lender’s specific instructions on how to proceed. Of course a lender’s prohibition of the use of search insurance may have been intended to apply to local authority search insurance only and not chancel repair liability insurance. It may also be worth clarifying this point with the lender.

    To obtain Zurich’s most competitively priced no search required chancel repair cover please visit www.zcuc.co.uk Premiums start from as little as £17.50 inclusive of IPT for indemnity limits up to and including £250,000 for non successor in title cover.

    Writers: Tiko Rawlinson-Winder, LLB, Solicitor and Senior Legal Indemnities Underwriter and Valerie Hosty BA (Hons.) Law, Legal Indemnities Manager

    The material contained in this article is issued by Zurich and does not establish, report or create the standard of care for solicitors, nor does it represent a complete analysis of the topics presented or constitute legal advice. It is intended to highlight issues which may be of interest to our customers. Readers should conduct their own appropriate research on how to act in any particular case.

    Restrictive Covenant Indemnity Insurance

    Restrictive covenant indemnity insurance has long been used by the real estate sector as an effective way of managing the risk of enforcement of a restrictive covenant which may prevent or restrict a buyer from using or developing land for the purpose intended.

    Crucial to establishing that land can be used as planned (and whether insurance is necessary or appropriate) is a thorough title investigation during the initial due diligence process. In the case of registered land, the title should be apparent from the register but problems can arise, for example where documents of title were missing on first registration. Unregistered land can be more complicated and it will be necessary to examine the title documents deduced by the seller’s solicitors and a land charges search against previous owners. Regardless of the registration status of the property, enquiries should be raised of the seller to identify, if possible, who has the benefit of any restrictive covenants and the extent to which these may have been enforced.

    Property owners and investors are becoming increasingly aware of the ability to claim the benefit of and legally enforce freehold restrictive covenants against third parties, with the intention of either preventing a contentious development taking place or holding a developer to ransom by threatening an injunction unless financial compensation is agreed. Restrictive covenant insurance remains one of the most commonly purchased legal indemnity covers which can expedite the successful conclusion of conveyancing transactions, avoiding the risk of lengthy (and potentially unsuccessful) negotiations for the release of covenants or the risk of enforcement where the effectiveness of a covenant is unclear. Lenders are increasingly unlikely to take a view on this type of risk and usually insist the borrower resolves the problem by either obtaining a release of the covenant or arranging suitable insurance. Equally, if a solicitor identifies a covenant as being unenforceable, in practice, it may be impossible to persuade the Land Registry to remove the relevant notice from the title. In these circumstances, insurance would improve the saleability of the property.

    In order to quote, the insurer will require confirmation of whether cover is required pre or post the grant of planning permission, copies of any objection letters, official copies of the title, any relevant deeds containing the covenants and the current market value or final developed value of the property, as appropriate. All material facts must be disclosed to the insurer, including details of any approach that has been made to or by any person who may have the benefit of the covenants, regarding the covenants or proposed development. For obvious reasons, the policy will usually expressly exclude losses arising from the insured communicating about the covenants with any person who it believes is likely to be entitled to enforce them and will also prohibit disclosure of the existence of the policy, except to the insured’s professional advisers and purchasers.

    The cover afforded by the policy will usually be provided in perpetuity and cover the property owner, its successors in title and lenders. Solicitors and brokers arranging insurance should consider the financial security rating of different insurers, especially because of the long tail nature of this cover; many prudent clients insist on an insurer with a minimum “A” rating from a leading rating agency.

    Policies from different insurers contain broadly similar cover across the market but when choosing a policy, carefully consider the heads of loss, conditions and exclusions applicable and ensure they meet the client’s needs. For more onerous or unusual risks, bespoke wording may be required. Standard losses include damages, compensation and costs and expenses awarded against the insured; costs and expenses incurred by the insured and the cost of freeing the property from the covenants. Cover may include loss in market value of the property, should a court or Lands Tribunal hold the covenants to be enforceable (thereby providing a form of asset protection) and for development risks, the cost of altering, demolishing or reinstating the property, the cost of any abortive works and related fees or increased development costs. Extensions to standard cover for business interruption (e.g. loss of rent receivable or loss of gross profits) may also be available for an additional premium on request.

    Insured parties should be aware that throughout the policy term, there is an obligation to report promptly any incidents relevant to the cover for example, any communications received from potential third party claimants.

    Restrictive covenant indemnity insurance is an important element in managing the risk that can arise in property transactions particularly where development is proposed and should be considered alongside thorough legal due diligence to assess the level of risk. Many legal indemnity insurers will agree that it is also one of the risk types in respect of which claims are most frequently notified.

    The due diligence process will not only identify whether there is a potential need for insurance but also whether insurance is the most appropriate way to proceed. Points to consider include:

    1) Is the restrictive covenant valid and enforceable? This will involve consideration of a number of factors, for example, was the restrictive covenant correctly protected by registration if required at the date of its creation? If not then the restrictive covenant is not directly enforceable against successors in title to the burdened land.

    2) Is it possible to determine the land benefiting from the restrictive covenant? Where land has been sold in plots, this will require the sequence of plot sales to be investigated or the possibility of a building scheme being considered. If the land with the benefit cannot be identified then again the covenant will be unenforceable.

    3) Could the parcels of land have come into common ownership so that covenants would have been extinguished?

    4) If it is possible to determine the full extent of the land with the benefit of the covenant an approach could be made to the landowner to obtain an express release. This should be undertaken with caution since any approach must be disclosed to insurers and might result in the risk becoming uninsurable (if a deal cannot be reached for a release) or make it prohibitively expensive.

    5) Whether or not an application should be made to the Lands Tribunal for the modification or discharge of the restrictive covenant. This is a lengthy and expensive process and the person with the benefit of the covenant could be entitled to compensation. An unsuccessful application could preclude the possibility of obtaining insurance subsequently.

    6) If the restrictive covenant affects only part of the land, can any development scheme be designed to avoid the part of the land affected by the covenant?

    Writer: Heidi Pfleger (Solicitor and Senior Legal Indemnities Underwriter): Zurich Insurance PLC

    The material contained in this article is issued by Zurich and does not establish, report or create the standard of care for solicitors, nor does it represent a complete analysis of the topics presented or constitute legal advice. It is intended to highlight issues which may be of interest to our customers. Readers should conduct their own appropriate research on how to act in any particular case.

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    Trusts & Estates

    Welcome to our library of Trusts & Estates articles. We communicate new articles to our partners on a regular basis. Our aim is to provide knowledge and support in all areas of trusts, estates and probate and other miscellaneous legal problems.

    Tracing Missing Beneficiaries

    When and why you should call in the professionals to trace missing beneficiaries?

    Simon Barber, Operations Manager at Title Research explores when and why you should call in the professionals to locate missing beneficiaries and discusses the use of missing beneficiary indemnity policies to supplement research.

    What does a probate genealogist do?

    Quite simply, a probate genealogist traces missing heirs to estates. These heirs could be due to benefit from an intestate estate and unknown at the time of instruction, or perhaps named in a Will that was made many years ago and includes out of date details. The probate genealogist will use a comprehensive range of records and databases to locate the missing person including birth, marriage and death records, census returns and the electoral roll. Geographic mobility frequently means that we are carrying out research in overseas jurisdictions, and whilst each territory has its own unique challenges, there are now very few parts of the world which are ‘off limits’ to research.

    Beneficiaries on Intestacy

    A professional genealogist should be able to commence work when provided with only minimal information. Usually, a death certificate is sufficient to begin reconstructing a family tree given that it provides the name (and maiden surname of a married woman) and date and place of birth. Using these details, the genealogist will be able to obtain the birth certificate and develop the entire family tree from there until the entitled individuals are identified and subsequently located.

    Named beneficiaries in a Will

    At other times, we are approached by clients who need to locate a named individual remembered in the Will of the deceased. Frequently, these Wills are written many years before the death of the Testator and a beneficiary may have moved several times since that date. Using the resources at our disposal, Title Research enjoy a high success rate (97%) in locating people across the globe.

    Missing Beneficiary Insurance

    Sometimes, despite our best efforts, an individual, or line of a family, cannot be traced. Often this is because they leave the UK for an unknown overseas destination and, without knowing where they may have settled, speculative research is not possible. In these instances, our reports are accepted by insurers in order to obtain missing beneficiary indemnity insurance to protect the Executor or Personal Representative against any claims being brought against them in the future. It is worth noting that a missing beneficiary indemnity policy is often required as a condition of a Bond of Caution being issued in Scotland.

    It should be noted that missing beneficiary insurance is not considered to be an alternative to professional research. This is a mistake that was infamously made in the well documented case of Evans v Westcombe, although at the time a missing beneficiary indemnity policy could be obtained without any prior research, something which rarely happens today.

    In that case, an intestacy had arisen and the statutory next of kin was in the class of the deceased’s issue, one of whom (the son, David), was missing and was asserted by his sister to have died. At that time, in 1999, the sister was able to obtain a missing beneficiary indemnity policy and four years later, the son emerged to claim his inheritance.

    Following the case of Evans v Westcombe, underwriters are on record as stating that ‘a missing beneficiary indemnity policy is meant not as an expedient alternative to taking proper reasonable steps to try and find lost heirs, but as a last resort where all else has failed’.

    This case identifies the importance of checking the family tree information supplied by your client to minimise the risk of future claims. Had the family tree been checked in this instance, David would have been found to be alive and would have received his rightful inheritance four years earlier.

    Why can’t I obtain missing beneficiary insurance without prior research?

    Often, an Executor or Personal Representative will suggest that missing beneficiary insurance is obtained instead of making attempts to locate a missing person. However as mentioned, insurers in recent years have become much more cautious and are no longer willing to accept risks without research being undertaken by a professional genealogist first (See Evans v Westcombe above). This is also partly due to the growth in interest of family history which has resulted in many more people researching their family trees which could uncover claimants in the future. The quantity and quality of records available to undertake this work continues to increase and most are now searchable online in some form. Also, anyone administering an estate has a duty (both morally and legally) to locate all the entitled parties and account to them for their share of the estate.

    Why verify a family tree?

    Frequently we are asked to verify family trees prepared by family members. Often, as expected, we return the same information that was originally provided. However, the value of verification work should not be judged on the (often limited) quantity of extra information that arises from it. Rather, the value of a professional verification resides in the Personal Representatives being able to proceed towards distribution with far greater confidence. There are of course instances where we uncover a potential heir who was unknown to the family, or prove that a person previously believed to be entitled is in fact not relevant. In these cases we have saved the Personal Representative from a potential mis-distribution.

    What if I don’t use a professional genealogist and it all goes wrong?

    We would always recommend to clients that family trees are professionally verified and that all events are documented. A professional firm will always make sure that the identity of each located heir is verified and their relationship to the deceased is confirmed. This ensures that only entitled persons are included in the distribution. Common mistakes include not confirming an adoption, including half blood relatives and missing off illegitimate children. All of these can be avoided by proper and thorough verification thus avoiding complications and claims against the Personal Representatives post-distribution.



    Author: Simon Barber, Operations Manager, Title Research Tel: 0345 87 27 600 or email at simon.barber@titleresearch.com.

    The material contained in this article is issued by Zurich and does not establish, report or create the standard of care for solicitors, nor does it represent a complete analysis of the topics presented or constitute legal advice. It is intended to highlight issues which may be of interest to our customers. Readers should conduct their own appropriate research on how to act in any particular case.

    Lost Share Certificates

    Whilst securities can now be held in dematerialised (uncertificated) form, there are still many paper share certificates in existence. The loss of a share certificate, especially a valuable one, can prove to be inconvenient and expensive for the owner or custodian.

    How do you obtain a replacement certificate?

    The process will generally depend upon the value of the share certificate. With smaller value certificates, the registrars will merely ask the owner, trustee or Personal Representative (PR) to sign a form of indemnity and upon payment of a modest administration fee (you can expect to pay £20/£40 including VAT) and insurance premium (some registrars have an insurance scheme in place) a replacement certificate will be issued. However, some registrars do not provide an insurance service for even small value share certificates.

    Where larger values are concerned or the shares are in a foreign company matters become more complicated. The form of indemnity will also need to be guaranteed by an insurance company, bank or guarantee company (sometimes known as countersigning or ‘joining in’ the indemnity). You will need to approach an insurance broker, bank or insurance company to arrange for this to be done. A proposal form will usually need to be completed and a premium will be charged. Premium rates vary depending on the value of the shares and the circumstances of loss.

    Only a few insurance companies provide countersignatures for large values and foreign shareholdings and the security rating of the insurer needs to be acceptable to the registrars. Banks are often unwilling to provide this service. The registrars will not provide a replacement certificate until the form of indemnity has been countersigned by an acceptable insurer or other surety.

    The purpose of the form of indemnity

    By signing the indemnity you agree to guarantee that the company in which the shares are held will not be liable for any losses that result from issuing you with a duplicate certificate and that you will return the lost certificate for cancellation should you find it at a later date.

    Liability assumed by Personal Representatives and trustees

    PRs and trustees may need to consider carefully the consequences of signing a form of indemnity. After all, in doing so they are assuming a potential liability. Some registrars may permit an insurance company to be the sole signatory thus enabling the PR or trustee to avoid having to sign at all. If a PR or trustee does sign, some insurers, including Zurich, will issue a separate policy indemnifying the PR or trustee in respect of any liability he may incur as a result of signing the form of indemnity.

    Risk management

    Share certificates often become lost in the post. Whilst it is quite usual for registrars and other organisations to despatch share certificates in the ordinary post, it may be prudent to be more cautious and use a courier service or registered post/recorded delivery. This may be especially important if the shares are of high value, they belong to a client or you are holding them as a PR or trustee. Why not consider obtaining your clients’ instructions as to the method of transit they wish you to use?

    Share certificates (and other valuable documents) are often lost in poorly managed filing and storage systems which do not include adequate audit trails of recorded deposits, removals and receipts. A review of procedures and periodical audits may be worthwhile.

    If you are holding share certificates in a professional capacity on behalf of a client, the consequences of losing a certificate may be embarrassing and costly. Depending on the circumstances of the loss, you may be legally liable to pay for the replacement of the certificate. Rates do vary, but for higher value shares insurers typically charge a premium rate of anywhere between 0.5% and 1.5% of the value of the shares for countersigning the form of indemnity, in addition to the administration fee charged by the registrars. So, for example, the premium could amount to £15,000 plus Insurance Premium Tax for a share certificate worth £1m.

    A delayed sale of the shares caused by the loss could also lead to further liability if the value of the shares falls whilst the replacement certificate is being obtained. Even if a legal liability is not owed to the client you may feel morally and commercially obliged to compensate him for his loss to preserve the client relationship and your reputation.

    It is worth bearing in mind that a professional indemnity policy will only respond in the event of a liability being owed to and claimed by a third party. First party cover for reconstitution may be specifically excluded. Your office policy will probably cover the cost of reconstitution (i.e. the cost of replacing the certificate) depending on the cause of the loss, but will not extend to any consequential loss.

    I will conclude with a cautionary tale. If you are unlucky enough to lose a share certificate and have to pay for a form of indemnity to be countersigned by an insurer or other surety, do check before you proceed and pay the premium that the countersignatory is acceptable to the registrars and will provide the indemnity in an acceptable form. The writer knows of at least one instance where a substantial premium was paid to an insurer for an indemnity which was then rejected by the registrar as unacceptable.

    Writer: Valerie Hosty BA (Hons.) Law, Legal Indemnities Manager, Zurich Insurance plc. Email: valerie.hosty@uk.zurich.com Tel: 07875 885158

    The material contained in this article is issued by Zurich and does not establish, report or create the standard of care for solicitors, nor does it represent a complete analysis of the topics presented or constitute legal advice. It is intended to highlight issues which may be of interest to our customers. Readers should conduct their own appropriate research on how to act in any particular case.

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    To register to receive 'Trusts & Estates' please send your name, job title and company name to valerie.hosty@uk.zurich.com.

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