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Litigation Insurance

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WIP Insurance

Protection for work in progress carried at risk on contingent matters.

Where this cover sits
  1. A judgment or award won
  2. A judgment against you
  3. Funder capital deployed
  4. Law firm fees and WIPThis cover
  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 WIP Insurance?

WIP Insurance is a form of litigation risk transfer that may be arranged around unbilled work in progress. Protection for work in progress carried at risk on contingent matters. 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

WIP 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
Unbilled work in progress, 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

    Firms running contingent or conditional matters that record significant unbilled time.

  2. Clause 2

    Insuring clause

    What risks can be protected

    The value of unbilled work in progress on a covered matter if the matter fails and the fee is lost.

  3. Clause 3

    Operation of cover

    How it works

    The insurer agrees a WIP value to protect, usually below the firm's full rates, and pays if the matter is lost on the defined terms.

    That can support the firm's cash flow and borrowing against its book.

  4. Clause 4

    Underwriting

    Underwriting factors

    The core assessment is the same as for Law Firm Litigation Insurance: merits, quantum, a proportionate budget, recoverability and the legal team.

    The points that weigh most for this cover are set out under "What risks can be protected" and "How it works" above.

  5. Clause 5

    Proposal documents

    Information required

    The standard presentation pack described on the Law Firm Litigation Insurance page, plus the documents specific to this cover noted above.

  6. Clause 6

    Limit, premium and staging

    Potential structure

    Cover on a proportion of recorded WIP, with limits per matter and across the book, and premiums typically contingent on success.

  7. Clause 7

    Alternatives

    Alternatives

    1. (a)Portfolio funding secured on the firm's contingent book;
    2. (b)Partial fee deferral; and
    3. (c)Accepting the risk.
  8. Clause 8

    Territory

    Jurisdiction notes

    Forum rules apply as described on the Law Firm Litigation Insurance page; the jurisdiction guides linked below set out the position forum by forum.

Specimen for explanation only. Terms, limits and exclusions are set by underwriting on each matter and by the wording issued.

Frequently asked

What is WIP insurance?

Insurance that protects a law firm's unbilled work in progress on a contingent matter, paying an agreed value if the matter is lost and the fee cannot be recovered.

Does WIP insurance cover the firm's full hourly rates?

Usually not. Cover is normally set on an agreed proportion of recorded time, so the firm continues to share some of the risk.

Is WIP 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.