The following answers to frequently asked questions are intended to assist lawyers and plaintiffs in their general understanding of Legal Insure and its products. Specific cases and exceptional circumstances may occur which require different arrangements than those discussed below, as reflected in each policy. Please feel free to contact us with specific questions and for further information.
As little as $15,000 per file up to $150,000 per file of coverage is available – accommodating the varying exposures of different cost jurisdictions and file-specific circumstances.
The flexibility of our product offers lawyers the ability to double the amount of their standard coverage automatically (no file review or application process) for any specific file at any point prior to pre-trial (or regional equivalent) and thereafter subject to a file review. The premium for the extra coverage is subject to a schedule contained in the policy based on the stage of litigation.
No. Unsuccessful outcomes subject to the term of the policy.
The premium is a percentage of the amount of protection purchased (not to be confused with a percentage of the settlement amount or award).
The premium is only paid upon the successful resolution of a file. There is no upfront cost and no premium is due if a file is unsuccessful.
No. While other legal expense insurance providers may charge review fees, there is never a fee associated with applying for our coverage.
Other than providing monthly confirmation of protected files there are no other reporting obligations under the policy. You do not need to report settlement offers (made or declined), disbursement expenditures, or other developments throughout the litigation and there is no loss of control of the litigation by counsel or plaintiff.
While our policy covers both adverse cost exposure (of the Plaintiff) and (own) disbursement exposure (typically of the lawyer), the lawyer/ law firm is the policyholder, not the plaintiff.
The premium is the obligation of the policyholder, however, in most instances, the premium for is ultimately paid by the plaintiff from the proceeds of a succesful outcome as authorized in the retainer agreement.
No. The policyholder is the lawyer or law firm; not the plaintiff.
The product gives “blended protection” for both (own) disbursements and adverse costs. As the policy holder, the lawyer/law firm determines the priority in the allocation between the two in the event there is insufficient coverage for both.
No. The plaintiff is not a direct party to the policy, which is issued directly to the lawyer/law firm.
The coverage is not portable, and would be automatically cancelled if a file is transferred to new counsel
It is the lawyer’s decision whether to protect multiple actions of one claimant together (for one premium) or separately (with distinct coverage and a premium owed for each).
No, we do not cover the plaintiff lawyer’s legal feels. Only adverse costs and disbursements are covered.
There is no obligation to pursue an appeal.
Yes. Our Firm Protect policy offers blanket protection for a lawyer or law firm’s file portfolio. It features fully flexible coverage options, exclusive features and favourable pricing, tailored to the specific needs of each practice. Click here for more information.
The favourable terms offered under our policy reflect a commitment by the part of the lawyer/law firm to include all files, thereby removing the risk of “adverse selection” inherent in individual file coverage arrangements. However, certain classes of file can be excluded or covered for different limits.
Under our Firm Protect policy, files must be submitted for coverage within 15 days of issuing a statement of claim.
Files transferred to the firm can be protected provided they are at the pre-discovery/questioning stage. Those files that are post discovery will require specific underwriting approval to establish appropriate coverage and terms based on the foles stage of litigation.
The flexibility of our policy offers you the ability to obtain reduced coverage for specific file types (e.g. long term disability, first party-only claims, etc.).
Our Firm Protect insurance product is designed to cover all Personal Injury files handled by the firm. For new clients considering the Firm Protect product, we are open to “one-off” requests for coverage of a specified file or set of files to allow the firm to gain familiarity with the product. Such “one-off” requests are subject to specific underwriting and approvals.
Like any type of insurance, it is more difficult to obtain cover where the underlying risk is high and proximity to trial is a large factor in the risk assessment process. You are welcome to apply regardless of stage of litigation to see if the file is eligible and what terms we may be able to offer may be offered.
Trebuchet is a licensed insurance broker, responsible for distributing LISC Legal Cost Protection™ to policy holders and provides other broker-related services, as required. Click here for more information.
Omega General Insurance Company (“Omega”) is a federally licensed and regulated property and casualty insurance company, licensed in all provinces and territories of Canada, is the underwriter/issuing carrier of our legal expense insurance programs.
Still have more unanswered questions? We’re here to help you! Please submit your queries through our Contact form and we will revert to you with answers. Alternatively, reach out to us on phone or email.