Scope of Cover

Subject to the General Exclusions from Coverage, the Conditions, the Specific Exclusions from Coverage set out in Schedule B and payment of the premium and any Service Tax / GST and charges for the Policy, the Insurer agrees to indemnify the Insured, as of the Inception Date, against Loss, not exceeding the Limit of Indemnity, sustained or incurred by the Insured by reason of:

1. Title in the Property being vested at the Date of Cover other than as specified in Schedule A;
2. any defect in or Lien on the Title at the Date of Cover. This Covered Risk includes, but is not limited to, indemnification against Loss from a defect in or Lien on the Title caused by:
1. forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;
2. failure of any person or Entity to have authorized a transfer or conveyance;
3. a document affecting Title not properly created, executed, witnessed, sealed, stamped, acknowledged, notarized or delivered;
4. a document affecting Title executed under a falsified, expired or otherwise invalid power of attorney;
5. a document affecting Title not properly filed, recorded, or indexed in the Public Records; or
6. a defective judicial or administrative proceeding.
3. there being no legal right of access to and from the Land and Building at the Date of Cover.

In addition, the Insurer shall pay the costs, legal fees and expenses incurred in the defence of any matter indemnified under this Policy, but only to the extent provided in the Conditions.

General Exclusions from Coverage

The following matters are expressly excluded from the coverage of the Policy, and the Insurer will not indemnify the Insured for Loss, costs, legal fees or expenses, that arise by reason of:

1. (i) any Law (including any Law relating to Buildings, zoning and planning permission) restricting,  regulating, prohibiting, or relating to:
   1. the occupancy, use or enjoyment of the Property; or
   2. the character, dimensions or location of any improvement erected on the Land; or
   3. the subdivision of the Land; or
   4. contaminated land, pollution or other environmental protection; or the effect of any violation of these Laws.
2. (ii) any governmental policy or emergency power;
3. any compulsory purchase or acquisition by a government authority, expropriation, nationalization, resumption or similar rights conferred by law unless notice of the exercise of the right is recorded, filed or registered in the Public Records at the Date of Cover;
4. Liens, adverse claims, or other matters:
5. created, assumed, permitted or agreed to by the Insured;
6. not known to the Insurer and not recorded in the Public Records at Date of Cover, but Known to the Insured and not disclosed in writing to the Insurer by the Insured prior to the date on which the Insured became covered by the Policy;
7. resulting in no loss to the Insured;
8. not in existence or created at the Date of Cover but coming into existence or created subsequent to the Date of Cover; or
9. resulting in loss that would not have been sustained if the Insured had paid the purchase price for Title to the Property.
10. any claim arising by reason of bankruptcy, insolvency or similar creditors’ rights laws;
11. war, insurrection, riot, civil unrest, act of a public enemy, epidemic, quarantine restriction, governmental restriction of access to or use of the Property, nationalization, natural disasters, or other similar causes.
12. any claim relating to the interpretation or enforcement of the Policy brought other than as specified in Condition [21 [ arbitration condition ]] or Condition [22 [ choice of law condition]].
13. any claim brought a person who became aware of the existence of the Policy as a result of a violation of Condition 5 “Confidentiality”.