Legal Expenses Insurance and Litigation Funding
Legal Expenses Insurance and Litigation Funding mitigate the financial risk of pursuing credible pieces of litigation and arbitration. These solutions cover your own legal fees and adverse costs in the event of the final judgment or award going against you.
Howden’s specialist Restructuring & Resolution includes experienced solicitors and former underwriters –our strong experience and deep insight enables us to create a rounded, compelling presentation to the markets.
We enjoy strong relationships with specialist insurers and litigation funders that provide us with an overarching view of this complex and ever-changing marketplace.
Our unique position allows us to tailor arrangements that, where appropriate, dovetail insurance and funding together and enable law firms to concentrate on successfully concluding disputes in a variety of jurisdictions.
Litigation risk solutions
1. After the Event (ATE) insurance
After the Event (ATE) covers the insured’s legal liability to pay the defendant’s costs in the event of an adverse judgment and subsequent cost award.
Cover can also be sourced for own disbursements. Where the required cover runs into the millions, we are able to structure coinsurance utilising multiple insurers.
2. Security for Costs
We are able to work with insurers to assist in delivering non-avoidable policy endorsements or deeds of indemnity that are acceptable to the other side and the courts.
3. Own Fees Cover
Where the client has chosen to finance some or all of their own legal costs, we are able to arrange insurance that reimburses some of those expenses, should the litigation or arbitration prove unsuccessful.
4. Contingency Fee Insurance
When law firms undertake litigation or arbitration with all or some of their fees “at risk” (e.g. on a CFA, DBA or deferred fee basis), we are able to assist in arranging insurance to the value of the firm’s WIP.
5.Cross Undertakings In Damages
When there is a concern that your opponent will look to dissipate funds or assets, interim injunctions need to be put in place urgently. There is not always time to fully evaluate the circumstances.
We are able to arrange a policy that covers damages and costs awarded against the policyholder in the event the injunction was granted erroneously.
6.Third-Party Litigation Funding
Third party litigation funding is a non-recourse financial agreement whereby a party unconnected to a dispute offers to fund all or some of a party's fees (usually the claimant) in exchange for a share of the damages recovered.
We work with a range of leading funders that allow us to introduce a case to an agreed panel, which in turn creates competition in meeting the clients’ unique requirements.
Obtaining a judgment in your favour may not be the end of the problem: the enforcement process can be a long and costly one.
We work closely with specialist funders who can finance the enforcement process in return for a share in the recovery. It may also be possible for these funders to monetise the award.
8.Arbitration Award Default Insurance
Following a successful arbitration against a sovereign state, inability or unwillingness to pay is a very real issue.
We are able to arrange a policy that protects the claimant against this non-payment.
Typically, the policy will respond to pay a portion of the amount after a certain period of non-payment and up to the limit of agreed cover.
The Howden approach
With experienced solicitors and former underwriters in the team, we understand what insurers want to see when deciding whether to take on a risk.
With every case, we review the available papers and draft a bespoke presentation.
We take time to understand the risk profile of the dispute on a case-by-case basis and work closely with clients and their law firm to best present their case to the insurance market.
We’ll source multiple quotations, advising on the specific terms and conditions of the policies available to you, comparing key terms and addressing any issues.
As a full market broker we are also able to leverage market competition and drive down the associated costs.
We are keen to put our name next to the solutions we present and provide clients with a comprehensive letter of recommendation advising them on the most suitable option for their dispute.
Simply obtaining the finance or placing the case with an insurance carrier is not the end of the job.
We have a wealth of experience in case management, ensuring continued assistance from the inception of the insurance policy or funding agreement, all the way through to the conclusion of the legal action.
Howden are able to provide you peace of mind. Support will be available should any issues arise during the case, assisting in ensuring the conditions of the relevant agreement are adhered to.
Our remuneration depends on the success of the dispute and therefore ensures that our mutual interests remain fully aligned throughout the lifespan of the case.
Who is the cover with?
These cases are typically viewed as individual risks, and as such, we take them to the open market every time. We only work with insurers who are financially stable with a strong client base and reputation in the sector.
Julia Mahoney leads the Litigation Risk Management team. She’s a qualified solicitor with over 25 years’ insurance industry experience. Julia specialises in litigation risk management planning, using her legal expertise to help clients mitigate against adverse costs and solve funding challenges.