After The Event Insurance And Its Implications For Personal Injury Litigation

An unsuccessful claimant in a civil action will normally be required to pay the costs of the defendant or defendants.  Such costs can be very significant.  After the event insurance (ATE), also known as legal costs insurance legal insurance, is now available in Canada.  It can be purchased by a claimant to offset such costs in both automobile and non-automobile personal injury litigation.

A typical policy costs under $1500.00 and covers $100,000.00 in costs including:

• defence costs and disbursements awarded at trial,
• the claimant's disbursements and any interlocutory costs orders,
• coverage for costs awarded for failing to beat a settlement offer, and
• the claimant's disbursements in the event that he or she abandons their claim.