Commercial Legal Indemnity insurance should be considered where an identified risk could affect the ownership, development, occupation, funding, disposal or value of an asset. It transfers the financial consequences of that risk rather than resolving the underlying legal issue itself.
Specialist underwriting for commercial legal risks.
Commercial Legal Indemnity insurance protects against identified legal risks that could affect the ownership, development, occupation, funding, disposal or value of an asset.
From routine title defects to highly complex contingent legal risks, MX Underwriting provides specialist underwriting backed by commercial judgement and appropriate policy wordings for your clients. Whether you're placing a routine Legal Indemnity risk or a case that's fallen outside standard market appetite, our underwriters will work with you to find the right solution.
Our appetite
We consider legal risks affecting existing assets, transactions and developments across real estate, infrastructure and energy:
- Title defects and ownership issues
- Missing, defective or incomplete documentation
- Rights and easements
- Access issues
- Restrictive covenants
- Third-party rights
- Public Law risks (Judicial Review and Planning-law related risks)
- Other contingent legal risks affecting use, value, funding or disposal
Why MX Underwriting Europe?
Whether you're placing a straightforward Legal Indemnity risk or a more complex case, our underwriters take a practical, commercial approach to finding the right solution.
We underwrite a broad range of commercial Legal Indemnity risks and can also consider cases that fall outside standard market appetite, including:
- Complex legal analysis
- Unusual ownership or transaction structures
- Incomplete or imperfect factual backgrounds
- Claimant dynamics that influence the risk profile
- Situations where the insured needs to actively manage risk after inception
Agreed Conduct
In most Legal Indemnity policies, engagement with a potential claimant in relation to an insured risk may prejudice cover. Where appropriate, our Agreed Conduct policy structure can allow carefully managed engagement with third parties after inception, with the objective of achieving a negotiated settlement whilst maintaining insurance protection, subject to an agreed excess and the policy terms.
This can help align insurance with the insured’s wider risk mitigation strategy and commercial objectives, particularly where proactive management of the underlying issue may be desirable.
Related covers
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Portfolio Title insurance
Protect your clients’ property investments with solutions designed for funders and developers. -
Rights of Light insurance
Support your clients’ investments by securing ownership in complex transactions.
FAQS
Cover may be available for title defects, restrictive covenants, rights of access, planning risks, judicial review exposures and other contingent legal matters, subject to underwriting.
No. The product is intended for commercial clients, transactions and developments and is not limited to commercial property. Risks relating to residential, mixed-use, commercial, infrastructure and energy assets can all be considered.
We regularly assess complex risks that fall outside standard market appetite, including matters involving nuanced legal analysis, imperfect factual backgrounds, uncertain claimant positions or bespoke risk mitigation requirements.
Contact us
Contact a member of our team today.
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Jean-Claude Domaingue
+35 6 27 76 10 51
JDomaingue@mxunderwriting.eu
Having kicked off his insurance career in 1996, Jean-Claude is an insurance industry specialist with in-depth expertise in underwriting and coverage of litigation risks restraining delivery of renewable energy infrastructure and sustainable urban regeneration.
+35 6 27 76 10 51
JDomaingue@mxunderwriting.eu
Underwriting Director,
MX Underwriting Europe
Having kicked off his insurance career in 1996, Jean-Claude is an insurance industry specialist with in-depth expertise in underwriting and coverage of litigation risks restraining delivery of renewable energy infrastructure and sustainable urban regeneration.
*Rating information correct as of June 2023. Source: ERGO, S&P Global Ratings.
Underwriting criteria, terms and conditions apply. As an MGA, we provide services and enter into insurance contracts on behalf of regulated Insurers. We are not the Insurer. The identity of the Insurer(s) on behalf of which we act and who will receive the premium and settle claims arising on your policy is detailed on all quotation and confirmation of cover documentation, including the insurance policy. All products are subject to any applicable government levy compensation fund charge or contribution to the Motor Insurers Insolvency Compensation Fund as set out in the policy schedule.
