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Litigation Insurance

Comparison

Litigation Funding vs Litigation Insurance

One supplies capital. The other defines the downside.

What is the difference between litigation funding and litigation insurance?

Litigation funding provides capital to run a claim in exchange for an agreed share of proceeds. Litigation insurance transfers a defined risk — adverse costs, own costs, deployed capital or judgment value — in exchange for a premium. Funding changes who pays; insurance changes who carries the downside. They are frequently used together.

Key points

  • Funding is capital. Insurance is risk transfer.
  • Funding is repaid from proceeds; premium is payable per the policy terms.
  • Funding usually shares the upside; insurance generally does not.
  • Most substantial claims use one, the other, or both.

Side-by-side comparison

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When funding is the answer

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When insurance is the answer

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When both are used

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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.

Confidential assessment

Tell us what is at risk.

Outline the dispute, the exposure and the capital involved. We review matters in confidence and revert on whether risk transfer is likely to be available.

Submitting information does not create cover, bind any insurer or constitute advice.