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After the Event Insurance FAQ

After the Event Insurance FAQ

Below we have compiled a list of what we have found to be the most frequently asked questions in regards to the business of After The Event Insurance.

Whilst we have sought to cover all topics considered relevant to an understanding of the subject matter, we would be pleased to hear from you if would like to expand this resource. Just visit the Contact page of this website to get in touch.

ATE Insurance covers the client’s exposure to legal costs in the event that their case is unsuccessful. A ClaimSafe policy will insure all of the Solicitor’s clients’ disbursements including the ATE insurance premium, Counsel’s fees, and the Defendant’s costs and disbursements (or ‘adverse costs’), where applicable.
As with any insurance, the insured must pay a premium. ClaimSafe offers a variety of ATE premiums which is linked to the extent of financial cover required and the type of dispute involved. All ClaimSafe premiums are highly competitive and are in line with the market rate for similar ATE cover.
ATE insurance is available for all types of cases except family law, criminal cases and employment tribunal claims.

ClaimSafe offers ATE policies for the following types of disputes:

Road traffic accidents
Accidents at work
Industrial disease
Slips and trips
PIP claims
Hip replacement claims
Payment protection claims
Clinical negligence
Occupiers liability
Accidents caused by Animals
PPI Claims

ClaimSafe ATE insurance is available for all types of Personal Injury cases, and there normally is no requirement to show reasonable prospects of success prior to obtaining an ATE policy. Should it later transpire that prospects are below 50%, the Solicitor is entitled to cancel the policy, without paying a fee.
ClaimSafe ATE premiums are normally deferred and are contingent upon success, this means that the policyholder only pays the premium at the end of the case and only if the case is successful. There is no premium to pay if the case is ultimately unsuccessful.

No, Box Legal Limited acts as the Solicitor’s agent in administering the ATE policies with Leeward. The assessment by the underwriters is completely free and we do not charge any fee for joining the scheme.

Solicitors wishing to use ClaimSafe ATE insurance need to join the Box Legal panel; and whilst there is no joining fee, there is a requirement that panel firms issue a minimum of around 10 ATE policies a month.

Requesting an ATE Policy couldn’t be easier. Complete a short form on the Box Legal website, which will then be sent to the insurer. An insurance certificate will be emailed to you within the next 24 hours. No further questions are normally asked.

Acting as the Solicitor’s agent, we are able to advise you in regards to the correct choice of policy and the level of cover required for particular types of dispute.
Unfortunately, we do not currently offer disbursement funding but our ATE Insurance premium is not payable until the end of the case when costs have been paid.
One advantage of the ClaimSafe ATE Insurance scheme is that, the insurer, considers that the solicitors acting on a claim are best placed to run the claim and make decisions. They have the advantage of their own expertise, and the relevant facts available to them. The insurer operates a scheme, with minimal reporting requirements. In most circumstances, the only 2 reporting requirements are:

1. To inform the insurer when Court Proceedings have been issued.
2. To advise when legal costs have been recovered.
A Hold Harmless ATE Insurance policy is a policy issued by an unscrupulous ATE insurer which appears to be an After the Event insurance policy but in fact is a worthless piece of paper. The solicitor has agreed with the insurer not to make claims on the policies in return for a large commission. Such policies are in our opinion illegal and a fraud on clients and defendant insurers.
The ClaimSafe ATE Insurance policy provides full Part 36 cover, meaning that if you fail to beat a Part 36 offer, the insurer will pay claims for adverse costs arising from the same, unless the client has ignored your advice to accept an offer.
All “pre-Jackson” policies remained in force and payable by the defendant. “Post Jackson” policies are payable by the client out of their damages if they win their claim and only at the end of their case. ClaimSafe policy premiums were reduced after April 2013 to reflect the insurer’s reduced risk.
The ClaimSafe policy does not involve long application forms. The policy is based around “keeping it simple”. All applications are on-line or via your case management system and involve completing just a handful of basic details. If you are a reasonable typist, it will take less than a minute to apply.
Yes - the insurer has launched a new Clinical Negligence After the Event Insurance policy which is uniquely simple to apply for and administer. Most ATE Insurers require solicitors to make long applications for Clin Neg cover but our ATE Policies are very straightforward to obtain.
It is rare for an ATE insurance policy to be limited in time - normally they will cover a claim until the claim is concluded (including any arguments about legal costs). This could be many years from when the policy was taken out. You should however check your ATE insurance to ensure that it is not limited in this way.
Now that the Jackson reforms have come in, general ATE insurance premiums have to be paid by clients out of their damages (they get a 10% increase to do this). The exception is an ATE Insurance policy for Clinical or Medical Negligence claims which covers the initial costs of investigating liability before proceedings are issued. This policy has to be paid by the defendant if the case is successful. The policy does not cover other risks such as other disbursements or the risk of not beating a Part 36 offer. This means that Clinical Negligence claims now need 2 policies - a recoverable one and a normal adverse costs policy.

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