Disputes
Each dispute type carries its own cost and capital profile.
Select the type of dispute to see which exposures tend to dominate and which structures may be considered.
| Judgment won | Judgment against | Capital | Security | Opponent's costs | Disbursements | Own costs | |
|---|---|---|---|---|---|---|---|
| Commercial Litigation | |||||||
| Breach of Contract | |||||||
| Shareholder Disputes | |||||||
| Competition / Antitrust | |||||||
| Intellectual Property | |||||||
| Insolvency | |||||||
| Fraud | |||||||
| Securities | |||||||
| Construction | |||||||
| Group / Collective Actions |
Illustrative. Filled squares mark the exposures addressed by the cover commonly considered for each dispute type. Every matter is assessed on its own facts.
Which commercial disputes can be insured?
Most substantial commercial disputes can be considered — contract, shareholder, competition, intellectual property, insolvency, fraud, securities, construction and group actions. What can be insured depends less on the label than on the merits, the quantum, the costs budget, the opponent's ability to pay and the forum.
Dispute types
- Commercial LitigationSpend concentrates around disclosure, experts and trial, so cover is often staged.Judgment wonCapitalSecurityOpponent's costsDisbursementsExposure profile
- Breach of ContractDocumentary cases can be easier to underwrite.Judgment wonSecurityOpponent's costsDisbursementsExposure profile
- Shareholder DisputesValuation evidence often dominates the later stages.CapitalSecurityOpponent's costsDisbursementsExposure profile
- Competition / AntitrustLong timetables and heavy economic evidence drive high costs.CapitalOpponent's costsDisbursementsExposure profile
- Intellectual PropertyValidity and infringement risk are assessed together.Judgment wonCapitalOpponent's costsDisbursementsExposure profile
- InsolvencyDefendants frequently seek security against insolvent claimants.CapitalSecurityOpponent's costsDisbursementsExposure profile
- FraudInterim relief and cross-undertakings add early exposure.Judgment wonCapitalOpponent's costsDisbursementsExposure profile
- SecuritiesLarge claimant groups spread and complicate costs.Judgment againstCapitalOpponent's costsDisbursementsExposure profile
- ConstructionDocument-heavy and expert-driven, often in arbitration.Judgment wonSecurityOpponent's costsDisbursementsExposure profile
- Group / Collective ActionsUp-front spend is significant before liability is decided.CapitalOpponent's costsDisbursementsExposure profile
Frequently asked
What types of commercial disputes can be insured?
Most substantial ones, including contract, shareholder, competition, IP, insolvency, fraud, securities, construction and group actions, subject to underwriting.
Is there a minimum claim value for litigation insurance?
There is no universal minimum, but bespoke commercial cover suits claims where the likely recovery is proportionate to the costs being insured.
Can a defendant insure a dispute?
Yes. Adverse judgment and contingent risk insurance can cap a defendant's loss above an agreed level.
Can arbitrations be insured as well as court cases?
Yes. Arbitration ATE, capital protection and award insurance are designed around arbitral procedure and enforcement.
What makes a dispute hard to insure?
Weak or untested merits evidence, a budget out of proportion to the likely recovery, and doubts about recovering from the opponent.
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.