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Litigation Insurance

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Litigation Buyout Insurance

Transfer of an identified litigation liability to support a transaction or wind-down.

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 Litigation Buyout Insurance?

Litigation Buyout Insurance is a form of litigation risk transfer that may be arranged around a liability removed from the balance sheet. Transfer of an identified litigation liability to support a transaction or wind-down. 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

Litigation Buyout 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
A liability removed from the balance sheet, 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

    Sellers, buyers and lenders in transactions where a known dispute would otherwise block or reprice the deal, and businesses winding down that need to close a liability.

  2. Clause 2

    Insuring clause

    What risks can be protected

    An identified litigation liability, transferred so that it no longer sits with the business or the deal.

  3. Clause 3

    Operation of cover

    How it works

    The insurer assumes the financial risk of the dispute, often taking over or funding the defence.

    The business can then complete its transaction or wind-down without the contingent liability.

  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

    A single premium in exchange for assuming the liability up to a limit, with the insurer controlling or co-ordinating the defence.

  7. Clause 7

    Alternatives

    Alternatives

    1. (a)Escrow or price adjustment;
    2. (b)A specific indemnity from the seller; and
    3. (c)Warranty and indemnity insurance where the risk is unknown rather than identified.
  8. Clause 8

    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

What is a litigation buyout?

A transaction in which an insurer assumes the financial risk of an identified dispute, so the liability no longer sits with the business or blocks a deal.

How is litigation buyout cover different from W&I insurance?

Warranty and indemnity insurance covers unknown breaches of warranties; known disputes are normally excluded. Buyout and contingent risk cover are designed for the known, identified risk.

Is Litigation Buyout 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.