Insurance Broking

Legal Indemnity Checklist

General Information

  • names and interests of the parties to be indemnified
  • the address and general description of the property to which the enquiry relates
  • the indemnity limit required and what the sum represents
  • the date by which the quotation is required

Restrictive Covenant

  • explanation of why cover is required including the nature of the breach and how long the property has been in breach
  • details of any objections
  • where possible, a translated copy of the document containing the restrictive covenant(s)
  • any other information identifying the property burdened by the covenant(s)
  • plan and ordnance survey map extract
  • details of enquiries made of (and/or claims or objections from) any persons thought to have the benefit of the restrictive covenant(s)
  • details of action taken to limit or remove the covenant(s)
  • any other relevant information including opinion

Third parties who may have the benefit of the restrictive covenant(s) should not be approached as this could prejudice the proposal for insurance

For cases involving an intended breach of a restrictive covenant

  • copy of the planning consent permitting the development
  • details of any objection

Defective Title

  • nature of defect
  • perceived cause of the defect and surrounding circumstances
  • steps taken or proposed to remedy the defect
  • current full value of the property
  • estimated diminution in value as a result of the defect
  • current and proposed use of the property
  • any other relevant information including opinion

For cases involving a missing beneficiary

  • the name age and last known address of the missing beneficiary and his/her relationship to the deceased
  • a copy of the will, if any
  • full details, including names and addresses of all the persons named in the will, or those entitled on intestacy, their relationships to each other and the deceased, and their respective shares of the deceased’s estate
  • details of the person or persons entitled to the missing beneficiary’s share if he/she remains untraced
  • full details of the steps already taken to trace the missing beneficiary
  • a family tree

For cases involving Deed of Gift

  • reasons for the Deed of Gift
  • copy of the completed Deed of Gift or Transfer at Undervalue

For cases where a right of way or other easement is claimed

  • details of (or a copy of) the proposed statutory declaration which should include the duration and nature of their occupation, details of age and nature of boundaries, confirmation that no claims (or if applicable, adverse rights) have ever been made
  • plan and ordnance survey map extract
  • a description of the access and/or services including age & condition, when & by whom maintained, nature of surface and details of how the access and/or services have been used to date
  • if the property is to be redeveloped or undergo a change of use and if so, details of the intended use including copy planning permissions, details of publicity, objections raised, site plans, details of other recent developments using the same access or services, information regarding the stage the development has reached and details of (or a copy of) the proposed statutory declaration confirming the description of the access and/or services including age & condition, when & by whom maintained, nature of surface and details of how the access and/or services have been used to date