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.
(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 riskiest point in a Medical Malpractice case is the initial investigation when medical expert opinions are necessary 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 within Canada and the UK.
(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’ judgment to press on and achieve a higher quantum.
Litigation Insurance Premiums
Litigation Insurance premiums are contingent upon success which means a personal injury claimant does not have to pay a premium upfront and what is more, if the case is unsuccessful, the policyholder does not have to pay the premium despite the fact that insurer remains liable to pay a claim for a resultant adverse costs award against the policyholder having lost the case.
A premium becomes payable in the event of success.
Some premiums are a static amount and do not change regardless of when the case succeeds (known as ‘flat’ premiums) and others are engineered to increase in amount depending on the stage a case successfully concludes (“staged” premiums) . For instance, an early settlement would give rise to a lower premium whereas the amount due to the insurer would increase if the case settled in close proximity to trial.
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