Learn · Endorsement deep dive
Commercial Deal Endorsements
Entity deals, subdivided parcels, subsurface rights and energy projects each come with their own endorsements.
DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.
The minute version
ALTA 15: non-imputation
- When an entity's ownership changes, what the old owners knew could be imputed to the entity and used to deny a claim (Exclusion 3).
- ALTA 15 (Full Equity Transfer): the insurer won't deny coverage based on knowledge or acts of outgoing owners or officers imputed to the entity.
- ALTA 15.1 adds an incoming partial owner as an additional insured; 15.2 covers a partial equity transfer with the new owner insured in its own policy.
- As Shawn notes in the Non-Imputation Straight Talk episode, providing non-imputation coverage calls for an affidavit and indemnity from the seller side, and the indemnitor has to be acceptable to the title insurer.
ALTA 26: subdivision
- Insures against loss if the land isn't a legally created parcel under state subdivision statutes and local regulations, putting back coverage Exclusion 1 removes.
ALTA 39: policy authentication
- Insures a policy issued electronically or without a signature isn't invalid for that reason. The 2021 ALTA policies build this protection into the policy itself.
Subsurface: ALTA 35 minerals and ALTA 41 water
- ALTA 35: damage to buildings from exercise of a right to use the surface to extract or develop minerals. 35.1 covers improvements broadly, 35.2 only described improvements, 35.3 land under development.
- ALTA 41: the same structure for water rights excepted from the description or in Schedule B (41.1–41.3 mirror the 35 variations).
ALTA 36: energy projects
- A family for wind, solar and similar projects held by leases and easements or in fee, with project-wide valuation and coverage for severable improvements.
- ALTA 36 (owner's) and 36.1 (loan) cover leasehold/easement projects; 36.7 and 36.8 cover fee-owned projects. ALTA 36.6 (energy encroachments) was revised effective August 1, 2025, and ALTA adopted a new 36.9 (minerals, land under development).
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8 questions on Commercial Deal Endorsements
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