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Legal Indemnities

Claims made against legal indemnity policies are wide-ranging. Insurers and policyholders need support from lawyers who combine insurance expertise with a sound understanding of property law and litigation. Our dedicated team of specialist lawyers helps clients navigate claims arising from both instant-issue and more complex bespoke policies. A cradle to grave claims-handling service for legal indemnity claims is available where needed.

Overview

Our Legal Indemnities team is led by key talented individuals, supported by specialist teams in both the insurance and real estate sectors.

Legal Indemnity insurance is a critical component of property sales, development and refinancing. Policies underwrite the market value of real estate and when claims rise they are often complex, urgent and stressful.

The team provides advice on coverage followed by a strategy to resolve the issue and settle the claim. The key to effective claims management is an early evaluation and carefully planned approach. We draw upon years of experience in the legal indemnities space to put in place a strategy that provides a positive customer experience in a cost-effective manner.

We pride ourselves on our communication with policy holders. This is vital in achieving an outcome which satisfies both our insurer clients and their customers. We provide clarity and certainty, even in the most difficult cases.

Featured experience

  • Defective Title - In a case where the Insured had built an estate of houses on a site, half of which was unregistered and the paper title holder could not be identified, we avoided a claim exceeding the limit of indemnity when the paper title holder issued possession proceedings. We defended that claim on the basis of adverse possession, and secured a settlement at mediation in return for a modest payment.
  • Restrictive Covenant - A covenant beneficiary asserted a right to prevent a high-value development of apartments in North London. Our careful analysis of the legal position, explained in correspondence, persuaded the beneficiary to abandon the claim. In covenant claims we always monitor the situation and support the policyholder right through to completion of the sale of the units in dispute.
  • Absence of easement - The Insured purchased two windfarms in Ireland, access to which was over numerous private properties. The Insured’s policy covered various title defects and the absence of documented rights of access. The adjoining landowners took various steps to try to prevent access. We provided swift coverage advice to enable Insurers to limit their exposure.
  • No Search Indemnity - After completion the Insured discovered that planning had been granted for a social housing site down the road. The Insured’s solicitors handled the claim but failed to consider the policy response and instructed an expert who inflated the loss. We appointed a suitably-qualified expert and negotiated a fair settlement with the Insured.
  • Rights to light - The Insured hotel developer faced a claim alleging actionable interference with rights to light. The threat of an injunction was averted by appointment of appropriate experts. Early without prejudice discussions took place leading to a negotiated settlement and the completion of the development without delay.
  • Mortgage Fraud - The Insured’s borrower claimed to be the victim of a fraud. Our investigations unpicked the facts of a complex background and proved that the borrower knowingly entered into the mortgage agreement. We obtained a suspended possession order on the basis of the lender’s subrogation to an earlier debt and we were then able to procure the possession and sale of the property, leading to a complete recovery.

What our clients say

  • ”

    I have been dealing with DAC Beachcroft for over 20 years now and have always found the team to be professional, courteous and extremely knowledgeable

    Legal 500 UK 2022 Edition, Insurance: Professional Negligence, South West

  • ”

    I deal mostly with Tessa Rook who is both competent and knowledgeable and has managed on many occasions to reduce our company's payments to aggrieved insured parties by careful and considered negotiation. Tessa's approach is always fair and reasonable

    Legal 500 UK 2022 Edition, Insurance: Professional Negligence, South West

Legal Indemnities key contacts

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Tessa Rook

Legal Director

Bristol

Tessa Rook

Legal Director

Bristol

+44(0)117 918 2061

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Alex Erdmanis

Senior Associate

Bristol

Alex Erdmanis

Senior Associate

Bristol

+44 (0)117 918 2065

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David Chester

Solicitor

Bristol

David Chester

Solicitor

Bristol

+44 (0) 117 918 2119

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Eleanor Barry

Solicitor

Bristol

Eleanor Barry

Solicitor

Bristol

+44 (0) 117 918 2717

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James Hathaway

Solicitor

Bristol

James Hathaway

Solicitor

Bristol

+44 (0) 117 918 2306

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Miles Cullimore

Solicitor

Bristol

Miles Cullimore

Solicitor

Bristol

+44 (0) 117 918 2633

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Who we are

Why choose DAC Beachcroft?

We’re a broad-based commercial firm serving a wide range of sectors with a strong heritage in insurance,
health and real estate. We combine excellent legal skills and cutting-edge delivery expertise to design
solutions that fit the needs of our clients – often involving clever uses of technology.

More about us