ATE insurance & risk transfer
Understand what remains at risk
After-the-event (ATE) insurance is arranged after a dispute has arisen. Depending on the policy, it can cover legal costs you are ordered to pay to your opponent and certain other expenses if the litigation is unsuccessful. Cover depends on the jurisdiction, underwriting and policy terms.
Limits, exclusions, conditions and premium arrangements need to be considered alongside the funding structure. Protection that appears attractive in isolation may have different implications once its cost and benefit are traced through the wider transaction.
Wild Dog helps define the exposure you want to address, prepares the commercial context for an insurance discussion and facilitates introductions to appropriate providers. We consider premium costs alongside the funding economics. The insurer assesses the risk and decides whether to offer cover; policy advice and any further assistance are agreed within the relevant engagement.
The policy is part of the economics
A policy can transfer a defined risk without removing every exposure from the matter. Understand when the premium becomes payable, which proceeds may bear that cost and whether the cover meets the purpose for which it is being considered.
A useful starting point
Describe the dispute, jurisdiction, stage of proceedings, legal team and exposure you want to address. Explain any existing funding or insurance arrangements and the timing of the decision. Detailed assessment and availability depend on the provider and the proposed policy.
Read the policy alongside the funding
The exposure to be covered
Which costs or losses are insured? Whose interests are protected? What limit applies, and what conditions must be satisfied?
The exposure that remains
Which costs or losses are excluded or exceed the limit? When is the premium payable, and who bears it? What obligations continue even if there is no recovery?
Discuss an exposure
Describe the dispute, jurisdiction, stage of proceedings and the exposure you want to address.