Restrictive covenant

Condition in a property-related deed that limits the use or development of land/buildings by subsequent purchasers. The encumberance affects the marketability of the title and creates a risk, insurable under a restrictive covenant indemnity, for anyone who infringes it.

Restrictive covenant indemnity

Indemnifies the insured in the event of any third party attempting to enforce a restrictive covenant. The breach may be either an existing breach or a forthcoming development of the property of which the insurers were aware at inception. Mortgagee’s interests and successors in title are automatically covered. The single premium policy runs in perpetuity and includes the insured’s costs in defending a claim.

Restrictive endorsements

Liability term excluding liability arising out of particular work circumstances, e.g. builder’s policy may exclude work more than 40 feet in height or working on high structures like blast furnaces. There is nothing in compulsory employers’ liability legislation to prohibit such restrictions (Dunbar v. A & B Painters (1985)), but they are not favoured and more likely to be applied to public liability cover.

Retail agent

An insurance agent who acts as an intermediary between an insured and the marketplace. In some instances, retail agents deal directly with an insurer in arranging coverage, while in others, retail agents work with managing general agents or wholesale brokers to secure coverage for their client-insured.

Retail customer

A policyholder or potential policyholder acting outside his trade, business or profession. FSA rules require that retail customers be supplied with: a policy summary; price information; details on how to claim; policy document; renewal information; details of mid-term changes. All private individuals are eligible complainants from a complaints perspective.