Case Study
FNF’s title insurance and indemnity products can protect against general risks associated with a particular jurisdiction, as well as specific title risks (“Defined Risk Title Indemnity”).
General Title Risk
A public fund selling a property with a history of restitution needed to avoid contingent liabilities and legal burdens from representations and warranties. Title insurance provided a cost-effective solution to the Seller to replace title-related reps and warranties.
Defined Risk Title Insurance
A major, publicly-listed international lender was recently confronted with possibility of financial loss as a result of a previous transaction in the chain of title being declared void by the authorities. We insured the lender against potential loss, which satisfied credit committee/board requirements and thus allowed this transaction to close.
Reps & Warranties Indemnity Insurance
An institution was selling a commercial building in a central business district in Paris. An insurance company was purchasing the building and discovered in the course of due diligence that an agreement from the early 20th century burdened the building with a height restriction. Subsequent development violated this restriction, which made the buyer uncomfortable (mindful of its fiduciary obligations!). Therefore, the buyer required certain warranties from the seller which in turn purchased an insurance policy to backstop financial loss in case of a claim against the warranty.