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Litigation Insurance

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Litigation Insurance

Every product on this site answers one question: which part of the downside moves off your balance sheet, and on what terms.

What can be transferred
  1. A judgment or award wonJudgment cover
  2. A judgment against youContingent risk
  3. Funder capital deployedCapital protection
  4. Law firm fees and WIPLaw firm cover
  5. Security for costsSecurity for costs
  6. The opponent's costsATE
  7. DisbursementsATE
  8. Own legal costsOwn-side ATE

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

What is litigation insurance?

Litigation insurance transfers a defined financial risk arising from a dispute — the opponent's costs, your own costs, capital deployed into a case, the value of a judgment, or exposure to an adverse determination — to an insurance market in exchange for a premium. It does not fund the claim; it shapes the downside.

Key points

  • Seven product families, each answering a different exposure.
  • Structures are bespoke: limit, attachment and conditions are negotiated.
  • Frequently combined with litigation funding rather than replacing it.
  • Availability and pricing follow merits, quantum, duration and enforceability.

After-the-Event

Cover taken out once a dispute exists, principally for costs risk.

Capital Protection

Preserving an agreed portion of capital deployed into legal assets.

Security for Costs

Meeting security requirements without immobilising working capital.

Contingent Risk

Capping identified legal exposures, including on the defence side.

Law Firm Risk

Transferring part of the fee and WIP risk a firm carries.

Portfolio

Cross-collateralised structures across a book of matters.

Arbitration

Costs, capital and award risk under arbitral regimes.

  1. 01

    Initial outline

    The dispute, the exposure and what needs protecting are set out.

  2. 02

    Risk framing

    Merits, quantum, costs and counterparty are mapped into an insurable structure.

  3. 03

    Market engagement

    The risk is presented to appropriate underwriting markets.

  4. 04

    Terms

    Indicative structures are compared on limit, attachment and conditions.

  5. 05

    Placement

    Wording, deeds and conditions precedent are agreed and the policy incepts.

  6. 06

    Through the case

    Cover is maintained and adjusted as the matter moves through its stages.

Types of litigation insurance compared

CoverWhat it protectsTypically bought byWhen
After-the-event (ATE)The other side's costs; own disbursementsClaimantsAfter a dispute arises
Security for costs coverA defendant's costs, offered instead of cash securityClaimants facing a security applicationWhen security is sought
Capital protectionCapital invested in a case or portfolioFunders and investorsWhen capital is committed
Judgment preservationA judgment's value against reversal on appealJudgment winners, funders, lendersAfter judgment, pending appeal
Adverse judgmentDamages above an agreed levelDefendantsWhile a claim is pending
Contingent risk / buyoutAn identified legal liabilityDeal parties, companiesAround transactions or wind-downs
WIP / fee coverA law firm's fees at riskLaw firmsOn contingent matters
Award insuranceAn arbitral award's valueAward creditors, fundersAfter the award

Frequently asked

What is litigation insurance?

Litigation insurance is a family of specialist products that transfer defined financial risks arising from a dispute — adverse costs, own costs, deployed capital, judgment value or contingent liability — to an insurance market in exchange for a premium.

Who buys litigation insurance?

Corporates pursuing or defending substantial claims, law firms carrying fee risk, litigation funders protecting deployed capital, investors in legal assets, and insolvency practitioners realising claims.

Is litigation insurance available for any claim?

No. Availability depends on merits, quantum, costs profile, duration, enforceability and counterparty. Underwriters decline risks that do not meet those tests.

Is litigation insurance the same as legal expenses insurance?

Not quite. Before-the-event legal expenses cover is bought in advance, often bundled with other policies. Commercial litigation insurance is usually bought after a dispute arises and underwritten on that dispute.

Can litigation insurance be combined with litigation funding?

Yes, and it often is: funding pays the costs of running the case, and insurance caps what happens if it fails.

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.