Contingent & Special Risks

Transcription

1 Contingent & Special Risks Real Estate &

2 Lockton Real Estate & Construction Broking done differently 97+ dedicated skilled Associates within the team One of the largest combined real estate & construction teams in the London market Specialist real estate and construction sector experience Market leading 98% client retention rate year on year (industry average is 85%) Arrange cover for sums insured of over 165 billion for global real estate assets annually IT systems that work for you

3 Contingent & Special Risks We provide bespoke insurance solutions to developers, investors and advisers in the real estate sector, who face legal impediments to their ownership rights. Comprised of 9 real estate and construction insurance experts, and part of Lockton s Real Estate and Construction practice (95+ associates), we: develop new and innovative insurance solutions to mitigate our clients risk exposure; and identify market capacity and appetite to add value to the transactional process on both the buy- and sellside. Rights of light Mines and minerals Head lease frustration Easement, title and covenant risks Judicial review Due diligence consultancy Lenders interest Access rights Planning risks Environmental risk (inc energy efficiency) Multi territory portfolio, good title and due diligence wrappers

4 How we can help you We can help with every aspect of insurance cover, from placing deals to designing bespoke programmes. This includes the following types of contingent and special risks insurance. All types of easement, title and covenant risks - provides cover for loss sustained as a result of a party enforcing or attempting to enforce a registered right. Environmental risk - provides cover for the on and off site risk, regulatory enforcement and third party claims for historic and current contamination and pollution. Funders and lenders interest insurance - provides contingent cover for outstanding balances on mortgage pools in respect of known uninsured, mortgaged, repossessed or let properties. Head lease frustration - protection for long leaseholders where provisions within a head lease mean there is a risk that damage may not be properly reinstated in the event of insured damage. Judicial review - coverage for developers where planning consent has been granted but there is a concern that a legal challenge could be raised. Managing agent frustration - provides protection against the unwillingness or inability of a managing agent to provide proper documentation. Multi territory portfolio, good title and due diligence wrappers - addresses concerns around the quality of ownership and/or lack of sufficient due diligence, for instance arising from a lack of time or missing documentation. Planning risks - coverage in respect of the risk that planning consents may not have been properly complied with and/or have been exceeded. Rights of light - provides cover in respect of the rights of third party landlords and/or tenants to enjoy light through defined openings and windows where such rights have existed, uninterrupted, for 20 years. Particularly relevant to developers of UK schemes. Due diligence consultancy - general insurance related advice in respect of any of the above. We can provide cover, subject to underwriting, for: cost of altering, demolishing and reinstating; costs of settlement; damages and compensation; defence costs; loss of market value; and additional costs and expenses incurred with the insurer s consent.

5 Below are two examples of complex risks our clients have faced and how bespoke insurance products have enabled us to deliver solutions to all parties. Getting the deal done How we helped a deal go smoothly, and saved our client money A high profile sports club was planning the sale of a historic training facility and the purchase/development of a new neighbouring site. The purchase was contingent on the former but both sites had complex and potentially deal ending village green risks combined with multiple other title issues. A number of other brokers had already approached the insurance market and terms had been declined, limiting the market and impinging on underwriters perception of the risks involved. revisit and reassess the risks in light of the additional due diligence which had been carried out. We were able to place comprehensive policies for both the client and the vendor of the future training site, enabling the deal to complete on time. Our additional due diligence on the risks resulted in premium savings for our client. We engaged with the client, vendor, local planning agency and lawyers to establish a clearer view of the risk. We also leveraged our strong relationships with underwriters in this specialist field to encourage them to Let s work together How our innovative thinking helped protect our client s shareholder value A significant mixed use development site was encumbered by a large number of title issues including chancel repair liability, positive and restrictive covenants, missing deeds, known and unknown wayleave agreements, easements and other defects in title. The required limit of indemnity, in excess of 500,000,000 under the insurance programme exceeded the capacity of any single insurer of those who could underwrite the complex risks involved. We approached numerous underwriters whom we recognised to have the flexibility and entrepreneurial outlook to underwrite such a risk, combined with the necessary financial security to give comfort to institutional investors. We structured a tiered insurance programme involving five insurers the first programme of its type in this market. This solution allowed the client to proceed with the deal and to reassure investors that the property had been acquired with virtual good title.

6 Clients that trust in us Our knowledge and experience comes from working in partnership with property owners, developers and contractors on a retail and wholesale basis.

7 Contingent & Special Risks Meet the team Ian Blackadder Partner - Practice Leader D: +44 (0) M: +44 (0) E: ian.blackadder@uk.lockton.com Jonathan Hackett Senior D: +44 (0) M: +44 (0) E: jonathan.hackett@uk.lockton.com Toni Longman Senior D: +44 (0) M: +44 (0) E: toni.longman@uk.lockton.com Adam Pursey D: +44 (0) M: +44 (0) E: adam.pursey@uk.lockton.com Phillip Hawkins D: +44 (0) M: +44 (0) E: phillip.hawkins@uk.lockton.com Alex Fuller D: +44 (0) M: +44 (0) E: alex.fuller@uk.lockton.com Ian Lewis D: +44 (0) M: +44 (0) E: ian.lewis@uk.lockton.com Ben Rafferty D: +44 (0) M: +44 (0) E: ben.rafferty@uk.lockton.com Lauren Allard Senior Claims Code Executive D: +44 (0) M: +44 (0) E: lauren.allard@uk.lockton.com

8 Our Mission To be the worldwide value and service leader in insurance brokerage, risk management, employee benefits, and retirement services. Our Goal To be the best place to do business and to work. A division of Lockton Companies LLP. Authorised and regulated by the Financial Conduct Authority. A Lloyd s broker. Registered in England & Wales at The St Botolph Building, 138 Houndsditch, London, EC3A 7AG. Company No. OC Case studies correct as at date of publication (September 2015). Cover is available subject to your particular circumstances and the underwriters acceptance of risk. Additional terms and conditions (including exclusions and restrictions) may apply.