After-the-Event (ATE) Insurance
An essential tool for modern litigation
ATE Insurance covers a party to litigation or arbitration in the event they lose the case and are liable for the other side's costs.
With rising litigation costs and the financial impact of adverse cost awards, ATE insurance is increasingly recognized as a core component of any effective litigation strategy. It’s particularly critical in large, multi-claimant cases—like group or class actions—where claimants and funders typically will not accept exposure to potentially large financial liabilities. ATE insurance enables them to proceed, knowing they have coverage in place should the outcome be unfavourable. ATE Insurance also ensures capital is deployed by claimants and funders in the most efficient way possible, avoiding costly payments into court to meet security for costs orders.
Designed by litigators, for litigators
As former litigators, the Toremis Specialty team knows first-hand the pressures and practical realities of the courtroom. We recognize that every case is unique, and our ATE policies are specifically designed to support, not hinder, your legal strategy. Our underwriting approach is built on transparency, balance, and practicality, ensuring that our policies fit seamlessly with the broader objectives of the case.
How our ATE insurance works
With Toremis Specialty ATE insurance, you get more than just a policy—you get a strategic partner. Our solutions provide coverage for adverse costs and, depending on the policy, may also include coverage for disbursements, reducing the risk exposure associated with litigation. Each policy is tailored to the specific case at hand, designed with flexible terms that align with the risk profile and merits of the claim. We work closely with you to provide a policy that offers the coverage you need without unnecessary complexity.
Related capabilities
Contingent Risk Insurance
Tax Liability Insurance
Claims Handling
Key features
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Provides protection against adverse costs, allowing you to pursue or defend claims without risking financial losses. Security for costs enhancements available by way of an anti-avoidance endorsement or deed of indemnity where required.
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Each policy is customized to reflect the unique requirements of the case, with flexible terms and coverage levels designed to support the litigation strategy.
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We understand the importance of maintaining control over your legal strategy. Our policies are designed to provide financial support without unnecessarily interfering in the tactical decisions of your legal team.
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Supported by A-rated capacity and private capital, Toremis Specialty products are both credit-worthy and dependable.
Who benefits
Claimants and law firms:
Ideal for claimants and legal teams who wish to mitigate the financial risks associated with adverse cost awards in litigation or arbitration.
Litigation funders:
A cost-efficient way to protect against financial exposure, allowing funders to support cases without tying up capital in risk reserves or paying sums into court.
With our ATE insurance, you gain a strategic advantage in litigation, backed by an expert team that understands the pressures of complex, high-value legal disputes. Our policies are not just about mitigating risk—they’re about enabling you to pursue your cases without compromise, with a partner who respects your commercial objectives and supports your success.