Title insurance

Specialists in title insurance underwriting

Title insurance offers financial protection against third-party legal challenges in transactions involving real estate, M&A, renewable energy, distressed assets, and more.

€788bn+

assets insured

52

active countries

11+

years’ experience

Key benefits

DUAL’s solutions can include both title to real estate and title to shares. We can design solutions as a standalone product, or to interact with a W&I policy.

Up to 100% of the enterprise or gross development value can be covered, subject to capacity limits

Policies cover actual losses incurred by the insured and the costs of defending claims. This includes, for example, legal costs, demolition, alteration or reinstatement costs, wasted development costs and identified finance costs, all arising because of an insured event.

Active coverage throughout the ownership term and beyond

All our policies provide cover throughout the insured’s ownership of the real estate and/or the shares. Coverage can be extended to cover future purchaser, banks as first loss payees and group companies.

Protection against unknown or specific risks

Title and share insurance provides cover for a wide range of issues that may impact the asset’s value. Policies can be designed to cover a variety of specific and unknown risks. 

 

 

title

Coverage options

In some cases, a transaction can be delayed even if there are no specific identified defects. This typically happens when a full due diligence is not able to be carried out, as is typical on an insolvency or auction sale, or if the seller is unable to stand behind its warranties. 

All-risk title and share policies provide wide-ranging protection from unknown risks, for example, restitution, third party rights and boundary issues.

Title policies can insure investments based on a freehold, leasehold or superficies rights, including the underlying titles. 

 

Policies can also cover specific risks. During the due diligence process, various risks may be identified that title insurance could ringfence.

Examples of some common specific risks include:

  • Missing documents
  • Gaps in historical share and title chains
  • Planning and access issues
  • Missing powers of attorney
  • Improper local or municipal procedures
  • Improper endorsement of share certificates
  • Technical legal risks affecting the incorporation or legal existence of companies

 

Key features of this cover option

  • Insures fundamental warranties (capacity and title related) up to the full investment value, subject to capacity limits
  • Follow the form of the relevant warranties, (where possible)
  • Covers relevant warranties when the W&I policy is exhausted
  • Typical in large, operational deals
  • Period of cover to match W&I policy (where possible)
Tell us about your risk challenges, we’re happy to give you an indication of likely costs.

Risk appetite

 DUAL can write up to €320m for any single transaction.

  • €320 million (approx.) for any single transaction for a title to real estate and share policy
  • €320 million  (approx.) for any single title to real estate policy
  • €140 million (approx.) for any single title to share policy

Subject to underwriting, we are able to accommodate higher overall limits for deals involving portfolios, which are subject to specified sub-limits.

We work with clients (developers, funds, investors, lenders, owners) involved in a range of transactions and reorganisations. Examples of industries where we are particularly active

  • Renewable energy projects
  • Office, retail, and mixed use projects
  • Logistics
  • Distressed assets
  • Battery storage
  • M&A

Policy limits

€320m

for any single transaction

Higher limits

are available for portfolio deals

Why choose DUAL?

A-rated capacity

All DUAL binders are backed by trusted capacity providers with solid underlying financials.

Flexible, bespoke solutions

We are happy to take on complex scenarios and difficult challenges - our underwriters are able to tailor policy terms and conditions in line with client needs.

Streamlined underwriting process

Time against you? Our streamlined processes are designed to help you meet deadlines.

Local expertise on the ground

With title experts covering the 30 EEA jurisdictions, we have the local knowledge needed for a smooth transaction process.

Up-to-date policy wordings

Legislation around investment and ownership is aways evolving. We work hard to ensure our underwriting and policy coverage remains up-to-date and relevant amid legal changes.

Deep legal indemnity expertise

Highly skilled, widely experienced - and keen to help you solve problems.

Get in touch

Photo of Alex Noguera Trias

Alex Noguera Trias

Underwriting Manager – Benelux, Nordics and Southern Europe

Underwriting requirements

To underwrite the risks in a timely and effective way, we will usually need an up to date legal, technical and financial due diligence. Please get in touch to find out specific requirements for your proposal.

Our underwriting process is designed to be as simple as possible – even when due diligence reports are limited. Taking a collaborative approach, we will consider each risk on its own terms and work with you to find a solution.

We're here to help

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