• Judgment Preservation Insurance (JPI) protects claimants who have secured a favorable trial outcome but now face the uncertainty of an appeal or annulment. 

    It is designed to mitigate the risk that a judgment will be reversed or reduced, helping claimants preserve a portion of the value they've fought hard to win.

  • Obtaining a trial court or arbitral award can feel like a victory — but it may only be half the battle. For high-value cases, appeals can drag on for years and introduce a new wave of cost, delay, and uncertainty. The threat of reversal (in full or part) can weigh heavily on claimants, especially where litigation fatigue is already high. 

    Judgment Preservation Insurance helps address that uncertainty by locking in a portion of the awarded sum, bringing peace of mind to claimants, boards, shareholders, and funders.

    • Once a favorable award is issued, insurers assess the merits and offer to indemnify a portion of the award (e.g., $40m of an $80m judgment). 

    • If the appeal results in a full reversal, the insurer pays the full amount of cover. 

    • If the appeal results in a partial reduction (e.g., award is cut to $30m), the insurer pays the shortfall up to the coverage limit (in this case, $10m).

    • Tailored limits: Cover available from $10m to $1bn, via co-insurance where required. 

    • Flexible pricing: Premiums are set based on the size of the award, perceived appellate risk, and jurisdiction. 

    • Global reach: Available in both litigation and arbitration contexts, including investment treaty arbitrations

    • Claimant and defendant coverage: While most policies are claimant-focused, cover may also be available for defendants facing an appeal. 

  • TheJudge has brokered appeal risk cover in a wide range of case types, including: 

    • Construction & energy disputes 

    • Securities and financial litigation 

    • Patent and IP matters 

    • High-value contractual claims 

    • Class actions 

    • ICSID and other treaty arbitrations 

    Appetite will vary depending on the jurisdiction and the quality of the first instance judgment. Insurers generally require confidence that the insured has a strong chance of defending the award on appeal, and that the legal system is familiar and credible.

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CAPITAL PROTECTION INSURANCE