Title Insurance

Whether you are involved in the sale or purchase of commercial real estate or selling a company or trust, DUAL can provide insurance solutions that help get the deal across the line.

With cost effective insurance solutions to mitigate legal and ownership risks, you can accelerate your transactions with peace of mind for all involved.

Our products protect against legal risks relating to ownership (title) and use of real estate and/or title to shares in companies, units in unit trusts (and comparable ownership interests). The policies, broadly categorised, fall into two forms, being (i) a policy covering unknown issues that existed at the time of acquisition, but which were only discovered following completion and/or (ii) a policy covering identified issues that are known about prior to completion of the transaction and/or which were discovered during due diligence.

DUAL can provide fundamental top-up insurance in the Nordics and Asia Pacific.

In the complex and fast moving world of mergers and acquisitions, securing the right coverage for every transaction is vital for success. Whilst warranty and indemnity (W&I) insurance is a trusted tool, there are instances where its coverage limit doesn't match the transaction value. Fundamental top-up insurance is a solution designed to bridge this gap and provide the additional coverage needed for high-value transactions.

What is Fundamental Top-up insurance?

Fundamental Top-up insurance is a specialised coverage, sitting in excess of the W&I policy limit, insuring loss in respect of the title and capacity warranties. It's designed to complement W&I insurance in transactions where the limit doesn't meet the transaction value. The policy follows the terms of the underlying W&I policy entirely. The advantage of this structure is there is no need to negotiate a new policy or address any potential gaps in coverage or differences in the loss definition.

This structure does not allow DUAL to accommodate any additional requirements not included in the underlying policy, nor to include contingent cover for any known risks. A standalone specific risk policy can be underwritten if necessary.

How can Fundamental Top-up insurance help in M&A transactions?

• Enhanced coverage for high-value transactions: Provide cover for the full value of the target, target group and/or real estate assets and allow the seller to give limited or no warranties or to cap their liability

   

• Manage risk: Help manage risk where parties cannot or decide not to undertake full due diligence

   

• Seamless integration with W&I: By following the W&I insurance format, fundamental top-up insurance offers a streamlined approach, making it easier for businesses to obtain the additional coverage they need without navigating a separate, complex process

   

• Cost-effective solution: Instead of seeking a completely new insurance policy for higher transaction values, businesses can simply top-up their existing W&I coverage, often resulting in cost savings