After the Event Insurance (ATE)

After the Event (ATE) legal expenses insurance is only taken out after the event has taken place resulting in an actual or potential legal dispute and can be purchased to cover the claimant’s legal costs. If the legal dispute is lost, then the other parties’ costs, together with certain expenses (known as disbursements) can be met by the insurance.

Examples of case types we can consider:

  • Shareholder/contract/partnership disputes
  • Professional negligence
  • Financial mis-selling
  • Insolvency
  • Contentious trust/probate
  • International Arbitration
  • Clinical negligence
  • Personal injury

Benefits & Features

ATE can cover a variety of disputes, usually where the ‘win’ in the litigation is an award of damages. Premiums typically range from 20% to 40% of the sum insured and are rebated so that the premium is less expensive if this case concludes early. The premium can be paid in full at policy inception or insurers may offer a contingent premium structure (i.e. the premium is only payable in the event of a successful outcome).

Insurers are looking for cases where the prospects of success and the prospects of being able to make a successful recovery are at least 60%. It is also important that the case is proposed at an appropriate stage in the litigation, typically around the point at which legal proceedings are issued.

Deed of indemnity

We can underwrite a deed of indemnity, should the ATE Insurance policy not be accepted as security for costs or caution. Any deed of indemnity provided is in addition to the ATE Insurance policy and would incur an extra premium.

Litigation funding

With excellent relationships with several key UK based third-party litigation funders, we can perform the role of an introducer for law firms and their clients who are looking to obtain litigation funding. Most third-party funders will require a claimant to have the benefit of suitable ATE insurance.

By Arc Legal Assistance providing a quotation for ATE Insurance, this could expedite the litigation funding application process and increase your chances of obtaining an offer of funding.

If you require any further information, or details of our products and services, please contact [email protected].

  Terms of Business

 

ATE Proposal Forms:

 

  Commercial Litigation Insurance: England & Wales

 

  Personal Injury ATE: England & Wales

 

  Commercial Litigation Insurance: Scotland

 

  Personal Injury ATE: Scotland

 

For proposal forms for Northern Ireland and the Republic of Ireland, please email [email protected]

 

Call us on 0344 770 9000