Litigation Mitigation Tool – is ATE a Professional Reponsiblity

Litigation Mitigation Tool – is ATE a Professional Reponsiblity

ATE insurance was originally developed in England & Wales, and was subsequently included in the Solicitors Regulatory Authority’s Code of Conduct as a topic that should be discussed with their client. It is a professional responsibility for a lawyer to ensure their client knows of their risks and the methods available of mitigating those risks. ATE insurance is a very important tool, as is the contingency fee agreement, in the continuing effort to increase access to justice for Canadians.  Could…

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What is and is not covered by ATE

What is and is not covered by ATE

Understand Your Coverage: Knowledge is Critical When your clients (“policy holders”) purchase an After the Event (“ATE”) Policy they purchase substantial protection against unforeseen and potentially substantial costs . ATE coverage varies from supplier to supplier and is subject to change, so it is important to review the policies that bind your clients so that you can manage their claim appropriately. What does ATE cover?  Maximum The most that will be paid is the lesser of the maximum of the policy…

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Impact of “set-off” provision on Rule 49 Formal Offers

Impact of “set-off” provision on Rule 49 Formal Offers

Impact of Set Off Provision If a client is in the position of assessing a Formal Offer under Rule 49 and the likelihood of successfully beating the offer at trial, it is imperative that your client has appropriate coverage to mitigate the risk.  The implementation of a set-off provision could materially impact their coverage. Non-insurance products may contain a clause that states “Adverse Costs Awards are subject to any set off for any Costs, Interim Costs, Damages or any other…

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Failure to Offer

Failure to Offer

FAILING TO ADVISE CLIENTS OF AFTER THE EVENT INSURANCE COULD OPEN UP RISKS Does this sound ominous? Well in markets where After the Event (ATE) insurance is more mature, such as Great Britain, the risks are reality. Great Britain’s Code of Conduct for lawyers (SRA) has a requirement for ATE. It requires lawyers to protect their clients’ interests and sets out the compliance rules regarding ATE Insurance. They include: discussing the risk of the client having to pay someone else’s…

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Indemnities May Not Insure

Indemnities May Not Insure

Insurance Indemnifies but Indemnities are Not Necessarily Insurance! As licensed insurance brokers specializing in legal expense insurance, it is our professional obligation to advise lawyers of the difference between two types of legal expense indemnity: those indemnities that constitute insurance and those that do not.  Legal Expense Insurance, such as After the Event Insurance, offers protection to Plaintiffs and their lawyers against adverse costs awards and own cost disbursements. ATE insurance is offered by licensed brokers.  This is contrasted with…

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