Civil Litigation

After the Event (ATE) Insurance provides an indemnity for the opponent’s costs (adverse cost) as well as your own side’s disbursements. For example, if the case goes to trial and you lose, your ATE policy will cover the adverse costs order as well as reimburse your own disbursements. The premium is only paid on successful outcomes.

After the Event (ATE) Insurance can bet tailored to the case’s requirements, with limits from $100,000 to $500,000 readily available.

ATE can be tailored to the case’s requirements with limits from $100,000 to $500,000 readily available.

Civil Litigation Key Product Features

  • Cover for opponent’s costs and disbursements
  • Cover for own disbursements
  • Deferred, staged, and self-insured premiums
  • Any valid client retainer
  • Premium waved if unsuccessful

Premium Rates: Subject to case type and stage of litigation.

Frequently Asked Questions

The following questions apply to the standard terms which you would find in a JusticeRisk Solutions policy, however cases can be subject to individual conditions if insurers deem these to be appropriate.

What does the ATE Legal Expense insurance cover?

JusticeRisk Solutions’ ATE insurance provides cover for adverse costs, own disbursements, any failure to beat a With Prejudice offer, and interloctory costs.

What areas of litigation can be insured?

Cover can be provided for a wide range of cases including:

  • Contract disputes
  • Professional negligence
  • Partnership disputes
  • Banking and financial disputes
  • Insolvency / Debt Recovery
  • Contentious Probate

Check with us for other area’s of Civil disputes.

What level of insurance cover can be obtained?

Standard cover is usually between $100,000 and $500,000 but higher levels are available. Unlike most of our competitors, the premium is not included in the level of cover; premium cover is addition to the level of cover you choose at an extra premium charge.

When does ATE cover commence?

With Contingency Fee Agreement (CFA) cases, the ATE insurance cover is usually applied retrospectively from the date that the CFA was signed by the client. If there is no CFA, the policy usually commences the day JusticeRisk Solutions is advised to bind the coverage.

How long does it take to obtain an ATE quotation?

Depending on the complexity of the case and the information provided, JusticeRisk Solutions aims to provide quotations within 10 working days.

What does it cost to obtain an ATE insurance quote?

Nothing. JusticeRisk Solutions does not charge an assessment fee.

How do I apply for an insurance quotation

All cases are individually assessed to ensure that the prospects of success are greater than 60%. To enable a quick assessment of the case, the underwriter require as much of the following information and documentation when submitting a request for quotation as available:

  • Completed ATE insurance application form
  • Statement of claim
  • Documentation to substantiate your claim
  • Defendants response (if available)
  • Information in respect of the defendant’s ability to satisfya judgement
  • Other relevant information (i.e. expert reports)

Do I need to have a formal CFA in place?

No, any form of retainer is acceptable.

Do we need to join a panel or provide a set number of cases per annum?

No. JusticeRisk Solutions does not require any minimum number of cases, or require you to join a panel.

Is the premium self-insured?

Yes. This means that no premium is payable in the event the case is lost or discontinued. There is no deduction from the level of insurance cover in place to pay the insurance premium.

Rejecting an Offer, is there coverage?

If a decision is made to reject the offer, your client will be protected against any adverse costs order in the event that your client fails to beat the original offer at trial. Client keeps what they were awarded, and Insurer pays the adverse cost order.

Is the premium subject to Interest?

No. Their is no interest applicable, and once written the premium is final.