LEGAL RISKS INSURANCE

TJ Versicherungsmakler GmbH (TJV GmbH) was founded in 2022 and is based in Hamburg, Germany.

TJV GmbH is an insurance broker with a license under Section 34d (1) GewO. It is registered under the number D-8PAH-YI7ED-13 in the German broker register.

TJV GmbH arranges insurance for claimant parties involved in litigation or arbitration to cover the claimant’s legal costs in the event their claim is unsuccessful. TJV GmbH exclusively arranges insurance for commercial customers or individuals with a claim in connection with a business purpose.

The insurance product was developed by TheJudge UK which was originally founded in 2000 in the UK. TheJudge also has offices in the USA and Canada with an affiliate in Australia.

What does this insurance cover? 

The policy will typically cover the risk of having to pay the opponent’s costs which the policyholder has to bear in the event of defeat in court or arbitration proceedings. Opposing litigation costs are generally limited to legal fees and the opponent´s disbursements and the amount that the opponent can recover from an unsuccessful claimant depends on the forum, type and size of the proceedings.

Within an agreed framework, the insurance can also include the claimant’s own costs, particularly own disbursements, such as expert costs or court/tribunal fees. 

This form of insurance was developed in the UK and is known as “After the Event“ (ATE) and is distinguishable from legal protection insurance that at is purchased by businesses and individuals before a claim has arisen. The insured risk is the outcome of the dispute, not that a dispute might arise. 

Contingent premium payment 

The structure of the insurance premium is flexible and usually the majority, if not all of the premium is only payable in the event the policyholder is successful and recovers sufficient value to pay the premium from the proceeds. This means that if the case loses, the insurer will pay the claim and at the same time lose the right to be paid a premium. This is known as a Contingent Premium. It is a double-loss for the insurer so it is important that ATE insurers assess the cases carefully so that they are sufficiently comfortable the policyholder will succeed.

Why insure the risk? 

Contingent premiums provide access to justice for businesses who cannot afford to bring their claim without insurance but would also struggle to pay the premium upfront.

Even large corporates that have the cash to fund their own cases recognise the value of transferring the risk of losing to an insurer as it helps establish internal approval for pursuing cases by limiting the risks involved. Indeed, insurance for own costs is substantially cheaper than arranging third party funding. 

Simply notifying the opponent that an insurance company is supporting their claim can have a positive effect on the chances of settlement. 

ATE insurance is often a pre-requisite to arranging litigation funding, especially where there is any risk that the litigation funder might be made directly liable for the opponent´s costs by virtue of supporting the claimant’s case.

ATE Insurance from A-rated insurers is also potentially accepted by opponents and courts/tribunals as an alternative to cash or bank guarantees as a method to comply with security for costs orders. 

Contact us to discuss how the insurance might benefit you or your clients.