Stewart Title’s Extended Protection Endorsement (EPE) is an enhancement to commercial owner and lender policies* without a cap on the transaction amount. The endorsement’s coverage protects the insured for losses arising from certain errors or omissions made by the lawyer/notary who acted for the insured as part of the real estate transaction, as set out under the covered risks within the endorsement. Coverage is limited to the lesser of the amount of insurance in the policy or $5 million.

Covered Risks

Insureds will benefit from added protection against:

• Errors in the review of the Agreement of Purchase and Sale (owner policy) or Loan Agreement (lender policy) and attachments thereto
• Failing to conduct title or off-title searches with a governmental/quasi-governmental authority as per written instructions from the insured
• Errors in the lawyer’s/notary’s written legal opinion regarding the title or off-title searches conducted with a governmental/quasi-governmental authority
• Errors in the Statement of Adjustments or disbursement of closing proceeds for items ordinarily adjusted for or disbursed as part of the closing or as provided for in the Agreement of Purchase and Sale
• Failing to obtain a document specifically required in written instructions from the insured
• Fraud, theft, dishonesty or negligence by the lawyer/notary acting for the insured in handling funds or documents of the insured in connection to closing the transaction as it relates to the status of the insured’s interest in the title to the land

No Annual Fees or Renewals

This coverage is available for commercial transactions at the discretion of the lawyer/notary and their client. There is no need to enrol or commit to annual fees, simply request the EPE as part of your regular ordering process. A nominal, one time charge based on the amount of the policy will be added to the title insurance premium.

Give your clients the added peace of mind that comes with knowing that if faced with the above risks, they can conveniently make a claim directly to Stewart Title without having to pursue an action against their lawyer/notary.

This endorsement is attached at the time the order for title insurance is placed. It is available for properties located in Ontario, Alberta, British Columbia, Manitoba, Quebec, New Brunswick, Nova Scotia, Newfoundland & Labrador and P.E.I.

Coverage is not available for Single Risk policies or for Vendor Take Back mortgages.

For full particulars of coverage, please refer to a copy of the EPE or contact our Underwriting Department.

*The Extended Protection Endorsement is available for commercial purchase and refinance transactions. Coverage is subject to the less of the amount of insurance and $5 million in the aggregate or the terms and conditions of the issued policy.  Issuance of EPE is subject to review by Stewart Title Underwriting. 

This website is intended to provide information that is of a general nature and is subject to modification. Coverage and requirements can vary depending on the nature of the transaction and location of the property involved. Please review your actual Stewart Title policy for full coverage details.