Yes — depending on the policy type, litigation insurance can cover a law firm’s hourly fees or contingency exposure if the case is unsuccessful.

Under an own-side fee insurance (or contingency fee insurance) policy, the firm’s time investment, disbursements, and other litigation expenses can be insured against loss. If the case does not result in a recovery, the insurer reimburses the firm for the insured portion of its fees and costs, helping to stabilize cash flow and mitigate portfolio risk.

This type of coverage is particularly valuable for firms that:

• Undertake high-value or high-risk contingency cases

• Offer hybrid fee arrangements

• Invest significant time or resources in client matters

In short: litigation insurance can be structured to protect a firm’s billed or contingent fees, providing greater financial security across a litigation portfolio.

Engaging a specialist litigation insurance broker is strongly recommended when arranging coverage for a client. Litigation insurance is a highly technical product that requires careful structuring to align with the facts, pleadings, and financial profile of each case.

An experienced broker will:

• Access multiple insurers and obtain competing quotes, ensuring your client receives the best available terms.

• Interpret underwriting requirements and present the case in a way that optimizes pricing and coverage.

• Identify coverage nuances, such as premium structure (upfront, deferred, or contingent), exclusions, and control provisions.

• Ensure compliance and avoid conflicts of interest, particularly where the firm or funder has a financial stake in the outcome.

Working through a broker protects both you and your client by ensuring transparency, efficiency, and optimal coverage terms.

A litigation insurance broker acts as your independent advisor, helping you secure tailored coverage that strengthens your client’s position and safeguards your firm’s exposure.

The most efficient way to obtain multiple quotes for litigation insurance is to work through a specialist litigation insurance broker with access to the market of insurers active in this niche market.

Your broker will advise you and help you prepare a confidential case submission that typically includes:

• A summary of the case background, pleadings, and legal issues

• Estimated damages or recovery value

• A litigation budget and proposed fee structure

This information is then presented—under confidentiality agreements—to a panel of insurers who, (if interested in insuring the matter) will each provide indicative terms. The broker will compare policy structures, premium options (upfront, deferred, or contingent), and exclusions to help identify the most competitive and suitable coverage and highlight any differences between the policies. 

Because litigation insurance policies are typically quite bespoke (especially for more complex cases), direct approaches to individual insurers are rarely efficient; brokers streamline the process and ensure that quotes are both comparable and comprehensive.

The time required to obtain a litigation insurance quote depends on the complexity of the case and the insurers involved. Typically, once a complete case summary is submitted through a specialist broker, insurers can provide indicative quotes within 5–10 business days.

More complex matters—such as multi-party commercial disputes, very high-value claims, or cases involving extensive expert evidence—may require additional underwriting review, which can extend the process to 2–3 weeks or longer.

A broker can streamline the process by:

• Ensuring the submission includes all necessary documentation upfront

• Coordinating insurer follow-ups and clarifications

• Comparing quotes and coverage terms efficiently

So, while straightforward cases can receive quotes within a week, more complex litigation may take longer. However, when compared with litigation funding – insurance is much quicker to arrange.  Working with an experienced litigation insurance broker ensures that quotes are obtained as quickly and accurately as possible.

The cost of litigation insurance premiums varies widely depending on the size, complexity, and risk profile of the case. Unlike standard insurance, premiums are tailored to each matter and typically reflect the potential exposure and likelihood of loss.

Key factors that influence premiums include:

• Legal fees and case budget – larger budgets increase insured exposure, especially if they impact the costs to damages ratio.

• Strength of the case – legally stronger cases generally result in lower premiums.

• Stage of litigation – policies purchased early versus at trial or appeal will be priced differently. With early stage matters generally being priced lower because of an increased likelihood of settlement. 

• Coverage type and limits – full fee coverage, judgment protection, or partial coverage will affect the premium.

Premium structure – some insurers allow deferred or contingent premiums, payable only if the case succeeds.

Contingency fee insurance is a type of litigation insurance designed to protect law firms working on a contingency fee. It reimburses a firm for attorney fees, litigation expenses, and other case-related costs if the case is unsuccessful, helping to mitigate financial risk while pursuing high-value or complex claims.

Key features include:

• Own-side fee coverage: Protects the law firm’s investment of time and resources in contingency matters.

• Flexible premium structures: Can be upfront, deferred, or contingent on a successful outcome.

• Risk management: Enables firms to take on meritorious cases without exposing their firm to catastrophic financial loss.

Contingency fee insurance is particularly useful for firms handling commercial disputes, personal injury claims, or large-scale litigation, where legal costs can be significant and outcomes uncertain.

In short: contingency fee insurance allows law firms to pursue claims confidently, protecting their investment in legal work while offering clients access to justice without upfront costs.

Judgment Preservation Insurance (JPI)—sometimes called Appeal Risk Insurance—is the type of litigation insurance that protects against the risk of losing a judgment on appeal.

This coverage is typically purchased by a plaintiff who has already won at trial and wants to secure the value of that judgment while the opposing party appeals. If the appellate court reduces or overturns the award, the insurer reimburses the insured for the insured portion of the original judgment.

At TheJudge our brokers are experienced in arranging JPI insurance and can answer your questions, help you to prepare an application and arrange a JPI policy which suits your needs.