Skip to content
Litigation Insurance

Insurance solution

Portfolio Capital Protection

Protection assessed across a cross-collateralised portfolio rather than a single matter.

Where this cover sits
  1. A judgment or award won
  2. A judgment against you
  3. Funder capital deployedThis cover
  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 Portfolio Capital Protection?

Portfolio Capital Protection is a form of litigation risk transfer that may be arranged around capital across a book of cases. Protection assessed across a cross-collateralised portfolio rather than a single matter. 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. Alternatives
  9. Jurisdiction notes
  10. Frequently asked

Schedule · specimen

Portfolio Capital Protection

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
Capital across a book of cases, 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

    Funders and investors holding several disputes, where diversification across cases makes a book easier to underwrite than any single matter.

  2. Clause 2

    Insuring clause

    What risks can be protected

    Aggregate capital deployed across the portfolio, after gains and losses across the cases are netted.

  3. Clause 3

    Operation of cover

    How it works

    Cases are pooled and cross-collateralised.

    The policy responds only if total recoveries across the book fall short of the protected amount, so a few losses can be absorbed by wins elsewhere before the insurer pays.

  4. Clause 4

    Underwriting

    Underwriting factors

    The core assessment is the same as for Litigation Portfolio Insurance: merits, quantum, a proportionate budget, recoverability and the legal team.

    The points that weigh most for this cover are set out under "What risks can be protected" and "How it works" above.

  5. Clause 5

    Proposal documents

    Information required

    The standard presentation pack described on the Litigation Portfolio Insurance page, plus the documents specific to this cover noted above.

  6. Clause 6

    Limit, premium and staging

    Potential structure

    An aggregate attachment and limit, eligibility criteria for adding new cases, and a waterfall setting out who is paid in what order.

    Such structures can support rated or institutional financing.

  7. Clause 7

    Alternatives

    Alternatives

    1. (a)Single-case protection on the largest exposures;
    2. (b)Syndication; and
    3. (c)Unprotected diversification.
  8. Clause 8

    Territory

    Jurisdiction notes

    Forum rules apply as described on the Litigation Portfolio Insurance page; the jurisdiction guides linked below set out the position forum by forum.

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

Frequently asked

How does portfolio capital protection differ from insuring single cases?

Losses on some cases are offset by gains on others before the policy pays, so the insurer covers the risk of the whole book underperforming rather than any one case failing.

Can new cases be added to an insured portfolio?

Often, within agreed eligibility criteria set when the policy is placed, such as case type, size and forum.

Is Portfolio Capital Protection 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.