DUAL Group
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Title and legal indemnity insurance
Key benefits
DUAL’s title insurance solutions can include elements of both title to real estate and title to shares. We can design solutions as a standalone product, or to interact with a W&I programme.
Up to 100% of the enterprise value can be covered, subject to capacity limits
Where higher limits are needed, we can arrange a fundamental top-up policy to sit above the primary coverage.
Policies cover the costs of defending claims and the resulting losses. This includes legal costs and damages, alteration costs, and wasted development and finance costs.
Active coverage throughout the ownership term and beyond
All our policies provide cover throughout the insured’s ownership.
Coverage can also be extended to onward purchasers, lessees, mortgagees and their successors, in line with client needs.
A competitive, one-off premium
Pricing for unknown risks typically falls between a price range of 0.15% - 0.5% of the overall asset value.
As specific risks require bespoke underwriting, pricing is assessed on a case-by-case basis. However, pricing for low-probability risks is likely to fall within a similar pricing range.
Coverage options
Policies can be designed to cover both specific and unknown risks.
Specific risk insurance provides cover for issue that may impact the asset’s valuation, allowing both parties to transfer risk onto the insurance market.
Common risks covered include:
- Restrictive convents/title conditions
- Lack of easements/servitudes
- Mines and mineral
- Third party rights
- Missing documents
- Planning, s106 or zoning issues
- Lease issues
- Judicial review
- Chancel repair
In some cases, a transaction can be disrupted even where there are no specific defects. This typically happens when full due diligence isn’t carried out or if the seller is unable to stand behind warranties.
All risk cover can mitigate against a wide range of unknown risks, helping to unlock negotiations.
Common risks covered include:
- Ownership (third parties demonstrating better title)
- Unknown covenants, restrictions, rights, easements or servitudes
- Undisclosed charges, loans or liens
- Boundary disputes
- Fraud
- Forgery
- Seller misrepresentation
- Documents that were not registered against the title or otherwise undiscoverable
What’s not covered?
- Known matters already affecting the title on the policy issue date
- War and terrorism
- Pollution and contamination
- Future events causing risks that didn’t exist when the policy was issued
Tell us about your risk challenges, we’re happy to give you an indication of likely costs.
Risk appetite
DUAL can write up to $150m for any single transaction.
However, we can accommodate higher overall limits for deals involving a portfolio of assets, subject to specified sub-limits.
We work with clients involved in a range of asset transactions and reorganisations
Current insureds include
- Developers
- Funds
- Investors
- Lenders
- Owners
Policy limits
$150m
for any single transaction
Higher limits
are available for portfolio deals
Why choose DUAL?
A-rated capacity
All DUAL binders are backed by trusted capacity providers with solid underlying financials.
Streamlined underwriting process
Time against you? Our streamlined processes are designed to help you meet deadlines.
Local expertise on the ground
With title experts in 30 jurisdictions, you can optimise policies for local languages, laws, and regulations.
Up-to-date policy wordings
Legislation around investment and ownership is aways evolving. We work hard to ensure our policies remain relevant amid legal changes.
Flexible, bespoke solutions
We’re happy to take on complex scenarios and difficult challenges. Policy terms and conditions are readily tailorable in line with client needs.
Deep legal indemnity expertise
Highly skilled, widely experienced - and keen to help you solve problems.
Underwriting requirements
You’ll need to provide information on the target asset, including its value, financials, and history.
The underwriting process is designed to be as simple as possible – even when due diligence reports are limited. Taking a collaborative approach, we’ll consider each risk on its own terms and work with you to find a solution.