ATE Commercial
ATE Insurance should be considered for all of your clients, whether they are an individual, sole trader, partnership, SME or a large corporation.
Notwithstanding the fact that legal disputes are part and parcel of the business world, many clients simply do not have the financial resources to pursue a claim because the risk of losing could result in a large liability to pay the opponent’s costs. For smaller clients, this could have a crippling effect on their business.
ATE insurance unlocks litigation by providing your client with the peace of mind that if the worst should happen, the insurance will indemnify the disbursements and opponent’s costs. All of a sudden, your client is on a level playing field with its opponent, with the financial backing of a large insurance company.
Larger companies will also benefit from taking out the insurance. The fact that they have better financial resources does not mean that they want to pay out thousand of pounds in adverse costs if they pursue an unsuccessful claim. Having the insurance in place means that the company is better placed to plan budgets and forecasts, without having to allocate substantial funds for a liability, which may or may not arise.
How is the Premium paid?
The premium is payable at the end of the case, when in the event of success, it can be recovered from the losing opponent along with own costs. If the case is unsuccessful, the premium is paid for by the policy, which means that your client does not pay the premium – it is self-insured. In practice this means win or lose, your client does not physically pay the premium.
What types of cases can be insured?
We can provide insurance for a wide range of commercial disputes including:
- Competition
- Contractual
- Construction
- Defamation
- Employment
- Insolvency
- Intellectual property
- Media
- Professional negligence
- Property
- Sale of goods
- Subrogated Recovery
You do not need to be acting on a conditional fee agreement to obtain insurance for your client – we understand that many commercial practices simply do not offer such arrangements to their clients; then again, we also appreciate that clients may not want a CFA and may prefer to instruct you on a private fee paying retainer.
We can provide limits of indemnity up to £250,000.
How and when do I obtain insurance?
We are happy to look at cases on a one off basis and in order to ensure a spread of risk we prefer to receive proposals as soon as you are able to make an assessment of the merits of the case. That way, your client is insured as early as possible and you can proceed with the claim in the knowledge that your client is fully protected until the conclusion of the case.
If you wish to submit a case to us, please click on the Proposal Form below and return the completed form to us, with encloses. The case will be assessed by our underwriting team, which consist of both insurance professionals and commercial litigators.
Downloads
Policy Wording(PDF documents. You will need Acrobat Reader to open them).
Other after-the-event insurance products from Temple Legal Protection
