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Litigation Insurance

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Adverse Judgment Insurance

Cover capping the downside of an adverse determination for a defendant.

Where this cover sits
  1. A judgment or award won
  2. A judgment against youThis cover
  3. Funder capital deployed
  4. Law firm fees and WIP
  5. Security for costs
  6. The opponent's costs
  7. Disbursements
  8. Own legal costs

Illustrative. The exposures a dispute can put on a balance sheet. What a policy responds to is set by its wording.

What is Adverse Judgment Insurance?

Adverse Judgment Insurance is a form of litigation risk transfer that may be arranged around exposure to a judgment against you. Cover capping the downside of an adverse determination for a defendant. Terms, where available, are set case by case through underwriting.

On this page2 min read
  1. The schedule
  2. Who it is for
  3. What risks can be protected
  4. How it works
  5. Underwriting factors
  6. Information required
  7. Potential structure
  8. What it does not cover
  9. Alternatives
  10. Jurisdiction notes
  11. Frequently asked

Schedule · specimen

Adverse Judgment Insurance

Not a policy. A specimen to show how this cover is structured. Cover exists only when a policy is issued, on its own wording.

Terms
Terms, where available, are set case by case through underwriting.
Protects
Exposure to a judgment against you, depending on policy terms.
Terms
Limit, premium and conditions are set by underwriting on the specific risk.
  1. Clause 1

    The insured

    Who it is for

    Defendants — and their owners, lenders or acquirers — facing a claim whose downside is too large or uncertain to carry.

  2. Clause 2

    Insuring clause

    What risks can be protected

    Damages and costs above an agreed attachment point if the case is lost, up to a limit.

  3. Clause 3

    Operation of cover

    How it works

    The insurer takes a view on the defendant's liability and quantum.

    The policy responds to a judgment or approved settlement above the attachment, converting an open-ended exposure into a known one.

  4. Clause 4

    Underwriting

    Underwriting factors

    Contingent risk is priced on a legal question rather than a whole case.

    Underwriters focus on the precise issue at risk (an appeal point, a liability that may crystallise, a judgment that may be reversed), the quality of the legal analysis, the size of the exposure and the time until it resolves. Independent opinions from appellate or specialist counsel are often central.

  5. Clause 5

    Proposal documents

    Information required

    1. (a)The judgment, award or claim documents;
    2. (b)The grounds of appeal or the alleged liability;
    3. (c)Independent counsel's analysis of the specific risk;
    4. (d)The amount at stake and how it would be paid; and
    5. (e)The transaction or financing context if cover is needed to support one.
  6. Clause 6

    Limit, premium and staging

    Potential structure

    1. (a)An attachment set at the level the defendant is prepared to bear;
    2. (b)A limit above it;
    3. (c)Defence costs sometimes included; and
    4. (d)Insurer consent rights over settlement.
  7. Clause 7

    Exclusions

    What it does not cover

    The first layer of loss below the attachment point, which the defendant keeps; liabilities outside the identified claim; losses above the limit; and, unless included, defence costs.

  8. Clause 8

    Alternatives

    Alternatives

    1. (a)Reserving and self-insuring;
    2. (b)Settling; and
    3. (c)Transferring the liability entirely through a buyout.
  9. Clause 9

    Territory

    Jurisdiction notes

    Contingent cover is most developed around US and English law disputes, but it follows the legal risk rather than the insured's location.

    Appellate practice, the standard of review and how long an appeal takes in the relevant court all shape terms.

Specimen for explanation only. Terms, limits and exclusions are set by underwriting on each matter and by the wording issued.

Frequently asked

How does adverse judgment insurance work?

The defendant keeps an agreed first layer of loss (the attachment point). If a judgment or approved settlement exceeds it, the insurer pays the excess up to the limit, turning an open-ended exposure into a defined one.

Does the insurer control the defence?

Usually not outright, but policies commonly give the insurer consultation and consent rights over key decisions, particularly settlement.

Is Adverse Judgment Insurance available for my dispute?

Availability depends on the merits, the quantum, the costs profile and the counterparty. Every risk is assessed individually and no cover exists until a policy is issued.

Does this quote a price?

No. Pricing is a function of the specific risk and is never quoted in the abstract. Nothing on this page indicates the cost or availability of cover.

Can it be combined with litigation funding?

Frequently, yes. Funding supplies capital; insurance defines the downside. The two are often structured together.

General information only. This page is not legal, financial, investment or insurance advice. Any insurance is subject to underwriting and to the terms of the policy wording issued.

Keep reading

Understand the exposure.

Technical analysis of litigation risk, how cover is underwritten and what drives cost — written for general counsel, funders, law firms and investors.

General information only. It is not advice and not an offer of insurance.