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Pre-completion Checklist for funder's solicitor Checklist for borrower's solicitor Title information Where the borrower’s solicitor is issuing a certificate or report on title, verify they have supplied a signed engrossment of it, with all plans and annexures, to be held to their order until completion day. Confirm the borrower’s solicitor has incepted any required defective title or chancel repair insurance and that the premium is paid before completion. The certificate/report on title must also set out the title insurance policy particulars. Obtain confirmation from the valuer that the valuation stands unchanged in light of the certificate/report. Deliver to the funder a signed, dated summary report covering the title position. Provide the funder with any construction, planning and/or environmental reports prepared as part of the transaction. Make sure all HM Land Registry forms are approved and, where the application will be sent off by the funder’s solicitor, that signed forms have been received. Ensure all third party notices are approved...
Trigger event Make sure the event that obliges the seller to offer the property to the buyer (often the defined term ‘Disposal’) is drafted as broadly as possible. Think carefully about routes by which the seller might sidestep the pre-emption right, such as: disposing of only part; making a gift; or granting a long lease for a premium. The seller may want freedom to grant rack-rented leases to safeguard the investment in the property. Balance this against the buyer’s objectives. In a development setting, the buyer may not wish to spend time obtaining vacant possession and may therefore consider that even rack-rented leases should activate the seller’s offer. Steer clear of defining the trigger as arising when the seller ‘proposes to dispose’ of the property, as that wording can merely invite a disagreement about when that point in time occurs...
This checklist is intended chiefly for assignments of commercial leases. It is not comprehensive and cannot anticipate every scenario across all deals. Always consider whether additional points require attention. It proceeds on the basis that: the lease concerns commercial premises let at open market rent to an occupational tenant, with the landlord providing the insurance the assignor uses the premises for its business and the assignee likewise plans to occupy for business purposes the lease is a head lease and the premises are free of any underleases the lease is not secured by a fixed charge (which would be rare in practice), and no premium is payable Where the assignment forms part of a broader or more intricate arrangement, consult Sale of commercial property (seller)—checklist and Practice Note: Transferring commercial property—a practical guide. When acting for the assignee, refer to Assignment of a rack rent lease (assignee)—checklist. Preliminary matters See also Practice Note: Transferring commercial property—a practical guide—Preliminary...
Lonham Group Ltd v Scotbeef Ltd & another [2025] EWCA Civ 203 Traditionally, English insurance law placed onerous burdens on insured parties: they were required to reveal every material circumstance capable of affecting the judgment of a prudent insurer when setting the premium or determining whether to accept the risk. If they did not, the insurer could treat the policy as though it never existed. Likewise, any failure to comply with a warranty discharged the insurer from liability under the policy, regardless of the warranty’s relevance to the risk and irrespective of whether the breach was later remedied. In the early development of insurance, these severe rules were arguably justified by the informational imbalance between insured and insurer. By the twenty-first century, however, a more sophisticated market generated pressure for reform. For non-consumer insurance, the result was IA 2015, which marked a substantial change in approach. The previous duty of disclosure was replaced by a duty of fair presentation, and only in defined circumstances could an...
The Lloyd's Market Association (LMA), an industry body, warned that tariff-driven rises in the cost of fixing equipment and facilities may see the burden ultimately shifted to policyholders. The insurance sector is becoming ever more sensitive to trade volatility, particularly across personal-lines offerings such as motor vehicles, which rely on low-cost supplies of car parts to keep repair costs down today...
On 5 November 2024, RBC Capital Markets (RBC) warned that last month’s Court of Appeal decision in three consolidated test cases may extend into other credit segments, such as premium finance. In the wake of the ruling, high street banks could be liable for redress totalling potentially billions of pounds, after the court determined that all finance agreements involving commissions must be fully revealed to customers...
Who insures? Joint insurance From a tenant’s standpoint, the preferred arrangement is for the premises to be insured in the joint names of the landlord and the tenant. For the tenant, the key advantages are: both parties are alerted before the policy comes up for renewal or lapses any insurance proceeds are payable jointly to landlord and tenant, giving the tenant influence over how the funds are applied (and therefore over the reinstatement of the premises) there are no detrimental effects if the landlord enters liquidation before reinstatement is carried out the insurers cannot rely on their right of ‘subrogation’ (see Subrogation below) against the tenant for damage the tenant caused or contributed to Nevertheless, in many cases arranging insurance in joint names will not be practical...
Employment laws in the Republic of Ireland, Great Britain and Northern Ireland have much in common, as all operate within common law systems and many contemporary employment statutes flow from European Directives. Even so, divergences do exist and are likely to widen. This Practice Note outlines several distinctions between Great Britain and the Republic of Ireland. Care is advised when handling matters in Northern Ireland, where the framework is becoming increasingly distinct from Great Britain. For details on the differences between Great Britain and Northern Ireland, see Practice Note: Northern Ireland employment law. Main areas of difference employment status categories leave entitlements qualifying period and remedies under unfair dismissals legislation redundancy entitlements protected conversations and settlement agreements employment tribunal procedures transfers of undertakings (TUPE) immigration Categories of employment status In the Republic of Ireland, individuals engaged in work are typically classified as either ‘employees’ or ‘independent contractors’. There is no...
Rationale Securitisation is the transfer of sizeable portfolios of income‑generating assets to a special purpose vehicle (SPV). The SPV finances the purchase price by issuing interest‑bearing securities—commonly termed ‘bonds’ or ‘notes’—into the capital markets. These securities benefit from security over the assets and/or the cashflows they produce (the ‘receivables’). Cashflows from the receivables are applied to pay interest and to repay principal on the securities. Types of receivables that can be securitised include: mortgage payments bank loan repayments lease/rental payments credit card repayments insurance premium payments Benefits of securitisation include: cheaper borrowing—the SPV may achieve a higher credit rating than the debtor company (originator). Either the obligors for the receivables carry a stronger rating than the originator, or credit rating agencies may find it simpler to rate a single asset (the receivables) rather than the originator, which presents more variables...
Insurance Premium Adjustment for D&O Climate-related Financial Disclosures (Archie’s Clause) (The Chancery Lane Project) This clause encourages organisations to lessen climate exposure by offering lower insurance premiums to policyholders who satisfy agreed reporting disclosure standards for climate-related financial risks...
3 Agreement to surrender Summary of the Agreement between the Landlord, Tenant [and Guarantor] dated [date] for the Lease of the [Property or Surrendered Property]. It adopts the Standard Commercial Property Conditions (Third Edition—2018 Revision) with modifications. Key defined terms include Actual Completion Date, Surrender Date, Premium, Rent, Interest and VAT. On the Surrender Date, the Tenant surrenders its interest with [full or limited] title guarantee by executing the Deed of Surrender or Transfer, settling Rent to date, and yielding possession [and keys]. The Landlord accepts by executing the counterpart, taking possession [and paying any agreed Premium/Chattels Price]. Deposits, apportionments and any Rent Deposit follow the Agreement and Standard Conditions. Subject to stated carve-outs, mutual releases apply from the Actual Completion Date; any outstanding Insurance Rent and Service Charge are payable on demand. Completion mechanics, Interest on delay, and any Guarantor’s consent are as set out. Costs, Landlord and Tenant Act 1954 matters, entire agreement, severance, continuation for any Remainder, governing...
We are now at a point in your matter where, in our view, it is in your best interests to purchase [ insert type of insurance ]. We recommend arranging this cover through [ state name of insurance provider to whom you have introduced the client for insurance or who has given you delegated authority to issue a policy ]. We have already spoken about this and you have confirmed that we will [ state what you will do to arrange the insurance, eg complete and submit a proposal form on your behalf or issue the policy under delegated authority ]. You have also authorised us to share the relevant personal data and information with [ state name of insurance provider ] for this purpose... Fees, charges and commission Insurance premium The [ insert type of insurance ] insurance policy is priced at £[ insert amount or where it is not possible to give a specific amount, the basis for the calculation of the premium ]. This...
Rule 5.1.7 of the Financial Conduct Authority’s (FCA) Client Assets Sourcebook (CASS) (CASS 5.1.7) confirms that the provisions within CASS 5.1 to CASS 5.6 also give effect, as required, to article 4.4 of the (EU) Insurance Mediation Directive (Directive 2002/92/EC), requiring that all necessary measures be taken to protect clients against the inability of an insurance intermediary to transfer premiums to an insurance undertaking, or to transfer the proceeds of a claim or a premium refund to the insured...