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ARTICLE · 26 MAY 2021

Latent Defects Insurance – Buyer Beware?

Latent defects insurance (LDI) has become a mainstream product in the new build housing and commercial property market, with all major residential mortgage providers and some commercial funders requiring an approved form ...

United KingdomInsurance

Latent defects insurance (LDI) has become a mainstream product in the new build housing and commercial property market, with all major residential mortgage providers and some commercial funders requiring an approved form of LDI to be put in place by the developer or the builder for security against latent defects.

It is becoming increasingly common for LDI to be pushed by developers in lieu of more traditional forms of security, such as 12 year contractual liability for latent defects and a full suite of collateral warranties from the supply chain.

The potential issue with LDI is that it is a separate 'product' in the form of a contract for insurance, subject to its own policy terms and conditions, that sits outside the contract a purchaser may have with its developer or builder. Therefore any potential claim under the LDI policy is subject to the standard terms of the specific insurer, including any limitations of cover. This has been raised in a recent case

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