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Litigation Insurance

Insurance solution

Security for Costs Insurance

Instruments intended to satisfy a security requirement without locking up working capital.

What is Security for Costs Insurance?

Security for Costs Insurance is a form of litigation risk transfer that may be arranged around cash otherwise tied up as security. Instruments intended to satisfy a security requirement without locking up working capital. Terms, limit and attachment point, where available, are set case by case through underwriting, and any cover would respond only as set out in the policy wording issued.

Key points

  • May protect: Cash otherwise tied up as security, depending on policy terms.
  • Written for substantial commercial disputes, not consumer claims.
  • Structure may follow the forum: costs rules and security practice differ by jurisdiction.
  • Underwriting commonly considers merits, quantum, costs profile, enforceability and counterparty.
  • Any limit and attachment would be set by the risk, not by a published rate card.

Who it is for

Content slot — the parties and balance sheets this structure is built around.

What risks can be protected

Content slot — the specific exposures capable of being transferred under this structure.

How it works

Content slot — attachment, limit, conditions precedent and how the policy responds through the life of the matter.

Underwriting factors

Content slot — what underwriters assess and in what order.

Information required

Content slot — the documents and data required to present the risk to market.

Potential structure

Content slot — how limit, retention and staged cover are typically arranged.

Alternatives

Content slot — where a different instrument, or funding, may be the better answer.

Jurisdiction notes

Content slot — how the position changes by forum and applicable procedural rules.

Frequently asked

Is Security for Costs 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.

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.