I have just read John Godwin's letter about indemnity policies and common sense (see [2008] Gazette, February 14, 13). While I agree with him in principle, do not forget that since the CML standard instructions came into effect we cannot rely on common sense; we have to comply with those instructions.


If building regulations consent was required and not obtained, indemnity insurance is required to comply, except in the (unlikely) event that retrospective consent can be obtained.



Of course, the same applies to apparent breaches of covenant or the existence of unknown covenants. Common sense unfortunately does not come into it - and no, neither I nor anyone I know has ever claimed under such policies.



RS Ainsworth, Donns, Manchester