UNKNOWN RESTRICTIVE COVENANT INDEMNITY POLICY

Transcription

1 STEWART TITLE LIMITED 6 Henrietta Street, 3 rd Floor, Covent Garden, London WC2E 8PS UNKNOWN RESTRICTIVE COVENANT INDEMNITY POLICY The Insured has made a Proposal and paid the Premium to the Company for the indemnity set out in this Policy of Insurance. The full particulars of the Proposal form the basis of and are incorporated within the Policy and the Company hereby grants the insurance subject to the terms conditions and exclusions set out in this Policy and any Memoranda endorsed upon it. Signed for and on behalf of STEWART TITLE LIMITED Authorised Signatory

2 1. DEFINITIONS In this Policy the words and phrases below shall have the following meanings: Claim: Company: Consent: A claim against the Insured notified by any third party which seeks to enforce any breach of the Restrictive Covenant which breach results from the Insured Use or Development of the Property. Stewart Title Limited whose registered office is at 6 Henrietta Street, 3 rd Floor, Covent Garden, London WC2E 8PS registered in England No Written consent. Development: The development as detailed in the Schedule. Enforcement Action: Insured: Any action(s) or proceeding(s) taken by any third party having the benefit of the Restrictive Covenant to enforce any Breach. The party named as such in the Schedule to the Policy together with: (i) (ii) (iii) the Insured s mortgagees the Insured s bona fide successors in title and their mortgagees. any lessee of the Insured or of the Insured s successors in title and the mortgagees of such lessees. Providing always that in respect of the parties at (i) (ii) and (iii) above the Maximum Liability is restricted to the extent of their interest in the property. Insured use: A commercial/business premises and/or commercial/business premises with combined residential use. Market Value: Maximum Liability: The average of the estimates from two independent valuers of the open market value (as defined from time to time in the guidelines issued by the Royal Institution of Chartered Surveyors). As specified in the Schedule or the extent of the Insured s interest whichever is the lesser.

3 Policy Date: Property: Relevant Date: Restrictive Covenant: The date specified in the Schedule. The property as detailed in the Schedule. The date of any final court order by which the Restrictive Covenant is enforced against the Insured. The restrictive covenant or covenants which attach to the Property and are detailed in the Schedule. 2. COVER Where: (i) (ii) the Insured Use or the Development is a breach of the Restrictive Covenant and any third party (including any corporation) seeks to prove or proves to have the benefit of the Restrictive Covenant and seeks to enforce the same the Company will: (a) indemnify the Insured (subject to the Maximum Liability) against: (i) (ii) (iii) (iv) any damages or compensation (including costs and expenses) awarded against the Insured in any proceedings brought against him. the cost of altering or demolishing the Development to comply with an Injunction or Order of the Court or Enforcement Action. where an Injunction, Order of the Court or Enforcement Action prohibits or restricts the Development and/or Insured Use, the diminution in the Market Value of the Property, calculated as the difference between the Market Value on the assumption that the Restrictive Covenant is not enforceable and the Market Value at the Relevant Date where the Property is subject to the Enforcement Action or the Restrictive Covenant to the extent ordered by the Court. the costs of the Development (or part thereof) which were commenced or contracted for prior to the notification by the Insured to the Company of a Claim which is rendered abortive by an Injunction or Order of the Court.

4 (v) all costs charges and expenses incurred by the Insured with the Consent of the Company in connection with any legal action or in any application to the Lands Tribunal, Court or person entitled to the benefit of the Restrictive Covenant for its release or modification or any application or appeal to the Court for the relevant consent for the Insured Use/Development. (b) assume responsibility for dealing with any Claim made against the Insured. 3. EXCLUSIONS 4. CONDITIONS The following matters are expressly excluded from the coverage of this Policy and the Company will not pay any loss or damage, costs, fees or expenses that arise by reason of any Claim or Enforcement Action following any communication (written or verbal) made by the Insured or by a party acting on behalf of the Insured to any third party believed by the Insured either to enjoy the benefit of the Restrictive Covenant or to know or act on behalf of such third party without the consent of the Company. 1. The Insured shall not at any time disclose the existence of this Policy of Insurance to any third party other than a prospective successor in title under the Policy. 2. The Insured shall notify the Company in writing immediately he becomes aware of any circumstances likely to give rise to a claim under the Policy, giving full details of all known facts and shall continue to provide all reasonable assistance to the Company. 3. The Insured shall make no admission, promise of payment, indemnity or compliance without the Consent of the Company and shall enter into no communications with any third party believed to be entitled to enforce the Restrictive Covenant. Any communications received by the Insured shall be passed to the Company immediately upon receipt. 4. The Insured shall not make any application to the Lands Tribunal or the Court for the modification or release of the Restrictive Covenant without the Consent of the Company. 5. The observance of the Conditions of this Policy by the Insured and by those acting on behalf of the Insured and the truth of the information given to the Company in writing shall be a condition precedent to the Company s liability under the Policy.

5 6. Where the Development/Insured Use becomes the subject of Enforcement Action the Insured will notify the Company immediately. In the event that the Company wishes to challenge the Enforcement Action or apply for necessary consent, the Insured will at the cost of the Company undertake the necessary action and afford to the Company all reasonable assistance. 7. The Company shall be entitled to conduct in the name of the Insured the defence of any action brought against the Insured in respect of the Restrictive Covenant or of any Enforcement Action (including any settlement of such action) and shall be entitled to institute for its own benefit in the name of the Insured proceedings against any third party in respect of any matter arising from the claim. The Insured will afford to the Company every reasonable assistance in the conduct of any proceedings. 8. If, when a claim is made under the Policy, there is in existence any other Insurance under which the Insured is entitled to make a claim in respect of the same risk as covered by this Policy the Company will be liable to pay or contribute towards such claim pro rata with the other insurance. 9. If the Company has admitted liability but the Company and Insured cannot agree the amount to be paid under this Policy the matter shall be referred to an arbitrator to be appointed by the parties (or in default of agreement, in accordance with the law in force at the time). The making of an award by the arbitrator shall be a condition precedent to any right of action against the Company. 10. The parties are free to agree the law applicable to this insurance contract but in the absence of such agreement the contract shall be governed by English Law. 11. Any breach by the Insured of the terms of this Policy shall not prejudice the rights of the Insured under this Policy unless the Company shall be prejudiced by such breach and then only to the extent of that breach.

6 5. COMPLAINTS PROCEDURE Any enquiry or complaint you may have regarding this insurance may be addressed to: Stewart Title Limited 6 Henrietta Street, 3 rd Floor Covent Garden London WC2E 8PS Telephone: If you are still dissatisfied with the way in which a complaint has been dealt with, you may contact the Financial Ombudsman Service for assistance whose address is: Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR