TheJudge is the market leader in the placement of Litigation and Arbitration Insurance (sometimes known as After the Event or ‘ATE’ insurance).
We have been at the forefront of this highly specialist sector since 2000. We have a larger dedicated team than any other broker in the market and have placed more policies than any other broker in the market.
We have arranged the largest policies ever written and are continually pushing the boundaries of what can be done. By pioneering product developments and introducing new capacity, TheJudge has helped to shape the market on funding legal proceedings in Canada.
(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 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 litigation insurance 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.
TheJudge is a specialist insurance broker placing insurance with major Litigation Insurance companies, including markets exclusive to TheJudge.
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:
TheJudge has a diverse network of insurers and a deep well of experience of working with all the market leading carriers, helping us secure the best deals for our clients.
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