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.