Good case presentation is invaluable when seeking litigation funding or ATE insurance. Individual insurers and funders reject the vast majority of cases presented to them. However, a considered and comprehensive case presentation can significantly improve the chances of securing offers and the speed of underwriting decisions.
[For advice about applying for litigation finance in the US, please contact us before submitting any documentation.]
Below are some of our tips when applying for litigation insurance and / or funding in the UK and Europe:
1. Provide a case summary
It is helpful to provide a short, concise summary of the case, prepared by the instructed lawyers, which outlines the background, the key issues and the strength of the case. This enables underwriters to quickly form a view about the case and focus their more in depth analysis.
2. Detail why you believe that your client is likely to succeed
Insurers and funders will only support cases with good prospects of success. The case summary or written opinion should set out the reasoned view of the legal team on the case merits, as well commenting on any commercial aspects which may not be readily apparent from the pleadings or correspondence.
3. Address the likely challenges or defences
The key challenges or defences should be addressed head on, including commentary on why you believe that these arguments can be overcome. If the case is at a very early stage, it is useful to pre-empt the likely defences and comment on them.
4. Detail your view on the claim value
A realistic valuation of the claim is vital for funders and insurers when considering the case economics and the viability of any potential investment or insurance cover.
5. Consider and address enforcement
For litigation funders or insurers offering a contingent premium, the enforcement or collection risk is as important, if not more so, than claim value. The commentary should include the financial strength of the defendant entity, whether the defendant is likely to be insured for the claim and the location of assets and enforcement strategy where appropriate.
6. Consider what documentation should be supplied in support of the case
Whilst underwriters will take into consideration the solicitors’ and/or Counsel’s views on the prospects of success, they will ultimately form their own views on the merits of the case.
Underwriters must be provided with all the material information in support of the case. However, providing too much documentation which is not directly relevant to the risk assessment or covered elsewhere in the papers can be off-putting for underwriters and slow down the process. One approach is to supply the key material documentation, accompanied by an index of further documents which can be made available upon request.
7. Refer the underwriter/funder to key documents
Remember, you will know the case better than the underwriter/funder. It can save time to highlight the crucial supportive documents in your case summary.
8. Use the team at TheJudge
The team at TheJudge are on hand to discuss any queries relating to case presentation or the application process. Please do not hesitate to contact us for advice and guidance.
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