I am writing in response to the letter from John Godwin (see [2008] Gazette, 14 February, 13). I too have been asked to provide indemnity policies where it is not necessary to do so, particularly in situations where the seller has used the building notice procedure in applying for building regulations and, as a result, does not have a completion certificate. However, while I agree that indemnity policies are often put in place when they are not needed, and should not be used as a default position, they do have their place.


In his letter Mr Godwin questioned whether anyone has ever claimed under an indemnity insurance policy. I can answer that question in the affirmative. I was involved in a case where a buyer of a property successfully claimed on an indemnity policy provided by a previous seller when a right of access used for years was denied them after completion. The policy paid the legal costs of (successfully) arguing their case, which they would otherwise have struggled to find.



Of course, such circumstances are quite rare and I am not seeking to argue that indemnity policies are the answer in all cases. A legal and permanent solution is the best solution for most clients and that is what we should be looking for.



Katherine Cereghino, Lawson West, Leicester