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Litigation Risk Insurance: Buying Some Certainty With Adverse Judgment or Judgment Preservation Insurance

Capping Potentially Catastrophic Verdicts or Protecting Favorable Judgments on Appeal

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, July 16, 2024

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, June 28, 2024

or call 1-800-926-7926

This CLE webinar will discuss litigation risk insurance, an innovative risk-transfer tool for litigators in high stakes cases. The panel will review the difference between adverse judgment and judgment preservation insurance and when each is appropriate, how they differ from traditional policies, how "claims" are made and paid, the strategic goals each can serve, and what the policies do and do not cover, as well as point out hidden costs and key questions to help practitioners avoid unexpected pitfalls.

Description

If they do not understand litigation risk insurance, litigators in high-stakes, high value cases--whether plaintiff or defense--will miss opportunities to decidedly reduce litigation uncertainty. This type of coverage can shield a significant judgment from adverse actions on appeal or make transactions with companies defending litigation more attractive.

Adverse judgment insurance is designed to relieve the risk of a runaway verdict by effectively capping the defendants' exposure. It can also be used to create settlement leverage. Judgment preservation insurance, on the other hand, works to prevent adverse appellate actions from reducing the judgment. It may also create certain accounting benefits, and the policy can be used as collateral for financing.

Not surprisingly, this type of coverage is complex and comes with a certain number of downsides that must be carefully weighed. Not every litigation is insurable, and there are certain moral hazards that must be avoided. Nonetheless, as one commentator has noted, this type of insurance has "taken the litigation world by storm" and is a "must-have" tool for every litigator.

Listen as this expert panel discusses litigation risk insurance, the difference between adverse judgment and judgment preservation insurance, the mechanics of how the policies work, and the business and litigation goals for which they are best suited.

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Outline

  1. Adverse judgment insurance
  2. Judgment preservation insurance

Benefits

The panel will discuss these and other key issues:

  • How can plaintiffs or defendants use litigation risk insurance as settlement leverage?
  • What types of policies can be used to monetize the judgment?
  • What are the hidden costs of litigation risk insurance?

Faculty

Hogan, Brendan
Brendan W. Hogan, Esq.

Counsel
Pillsbury Winthrop Shaw Pittman

Mr. Hogan focuses his practice in the areas of policyholder insurance coverage and construction. He has handled...  |  Read More

Additional faculty
to be announced.
Attend on July 16

Early Discount (through 06/28/24)

Cannot Attend July 16?

Early Discount (through 06/28/24)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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