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Personal Injury & Medical Malpractice

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TheJudge Canada is a market leader in the placement of Personal Injury and Medical Malpractice Litigation Insurance (also known as After the Event or ‘ATE’ insurance) with specialist insurance programs arranged to provide certainty and clarity.

Our team includes the very people who developed the ATE market in Canada, and our underwriters include the largest writers of Legal Expense Insurance policies, both in Canada and globally.

We are continually pushing the boundaries of what can be done by arranging tailored programs for our Law Firm partners to ensure that their clients are properly insured against the risks they face in their litigation journey.

Available Cover

(1) Own Side’s Disbursements

Our brokered programs can fully protect the disbursements on the file, and we can also introduce specialist funders who can assist a firm to fund the case development.
Often the most risk in a Medical Malpractice case is the initial investigatory costs; causation and liability opinions may be necessary from the early stages and can come at substantial cost. Our programs can cover such costs.

A lawyer already takes a risk on their own fees, why accept a risk on the disbursements as well?

(2) Adverse Costs / Fee Shifting

ATE 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.

(4) Formal offer protection

It is a common tactic of a defendant to offer a lower than acceptable offer; often swaying a cautious plaintiff to accept the offer due to the risk of failing to beat the offer in court. Our policies can completely negate this risk, meaning that your client can be secure in their lawyers’ judgement to press on and achieve a higher quantum.

Litigation Insurance Premiums

Litigation 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 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 of the market leading carriers, helping us secure the best deals for our clients.

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