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Litigation insurance and arbitration insurance

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TheJudge is the market leader in the placement of Litigation or Arbitration Insurance (sometimes known as After the Event or ‘ATE’ insurance).

For over 15 years, we have been at the forefront of this highly specialist sector. We have placed more policies and have a larger dedicated team than any other broker in the market.

We are continually pushing the boundaries of what can be done by arranging the largest policies ever written. We have pioneered product developments and introduced new capacity, helping to shape the market on funding legal proceedings in Canada and has become a key export product to law firms and their clients around the world.

Available Cover

(1) Own Side’s Budget

Many of the Litigation Insurance policies that we broker are structured primarily to cover the client’s own litigation budget, including potentially both future and historic costs. Under this model, the client finances the litigation or arbitration on a normal fee-paying basis, but takes out insurance to cover some or all of the amount paid. If the case is unsuccessful, the insurer reimburses the client for the insured legal fees and costs incurred.

Insurance structured in this way can sit alongside a third party funding arrangement, or provide a cost-effective alternative for corporate clients with good liquidity that are seeking to manage their litigation budgets.

(2) Adverse Costs / Fee Shifting

Litigation insurance is generally well understood as a way of insuring “adverse costs” risk, i.e. the policyholder’s potential liability for the opponent’s legal costs in the event that the case is lost and a costs award is made against the policyholder.

(3) Security for Costs

We are experts in providing solutions for clients facing potential security for costs applications and have been involved in many of the cases setting precedent case law on this issue. There are a number of potential ways in which security for costs issues can be addressed, including specific financial instruments. Please contact us to discuss your requirements.

Litigation Insurance Premiums

Litigation or Arbitration Insurance premiums can potentially be structured in several different ways, depending upon the scenario, case economics and client’s preferences.

The majority of our clients elect to structure their ATE policies on a deferred and contingent upon success basis. A contingent premium means the insurer is only paid if the case is successful. If the case is unsuccessful the insurer doesn’t receive a premium and is liable to pay a claim.

Our Approach

TheJudge is an independent insurance broker. We place insurance with all of the major Litigation Insurance companies, including markets exclusive to TheJudge.

We act as agent to our clients and aim to provide access to the full spectrum of potential options. Where large cover limits are required, we are experts in assembling coinsurance placements involving multiple insurance carriers.

We have evolved a market-leading policy wording.

Our brokers will always strive to:

  • advise about the range of potential options
  • identify the appropriate insurance markets for the risk
  • assist the lawyers with the presentation of the application for insurance
  • seek multiple insurance quotations where possible and compare the premiums and key terms of the various to enable the client to select the most suitable option
  • negotiate with the underwriters in relation to price and terms of the cover
  • advise whether the policy terms meet the requirements of the applicant

TheJudge has a diverse network of insurers and have a deep well of experience working with all the market leading carriers, helping us secure the best deals for our clients.

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