How does After the Event Insurance work?

As a Broker, we work with Solicitors acting on behalf of their clients to obtain After the Event (ATE) Insurance cover. We ask Solicitors to complete just the one Proposal Form and we help ensure that all the ‛salient’ information has been provided to support the application before submitting it to various appropriate Insurers. We then collate the responses received from those Insurers and provide the Solicitor with a comprehensive but easy to follow letter setting out any and all Quotations offered.

We can discuss the options available to the client with the Solicitor and offer guidance on Policy Wordings and any special conditions. We are also there to assist in the unlikely event that the losing Opponent challenges the premium they are obliged to pay.

What is ‛salient’ information when seeking After the Event Insurance cover?

In addition to the Proposal Form, the Solicitor should endeavour to provide a reasonably detailed Case Summary, any Medical or Expert Reports that have been obtained, the Opponent’s Defence or ‛stance’, relevant correspondence with the Opponent, (if appropriate) any Witness Statements that have been collected and (if appropriate) Counsel’s Opinion. If some of those are not available, approach us with what you have.

When is the best time to get ATE Insurance cover?

Unlike ATE Insurance policies which are bound by the Solicitor under some form of ‛scheme’/‛delegated authority’ basis and where the Insurer may well insist that the Solicitor issues a policy very early on in the proceedings, there is no hard and fast rule as to when the Solicitor should approach us on a one-off ATE litigation case. Legal Proceedings can already have been issued, and we have even been able to place cover at the Court steps. But, generally speaking, obtaining cover - especially for a case that is strong enough but only just - can be a lengthy process so it is advisable to approach us in good time if there is a deadline approaching.

Our recommendation is that you approach us as soon you and your client have explored the various funding options available and decided that an ATE Insurance policy is or may be the best option. As a minimum, the ATE Insurers usually expect to see some form of response from the Opponent so that they know what they are up against and that litigation is a real possibility; also that some supportive evidence has been gathered.