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Contingency and litigation insurance

Its 6 cross-references, woven across the glossary's 18 categories

Cover for an identified, quantified legal risk, such as the adverse outcome of a known dispute, often in a transactional context.

Definition

Contingency insurance covers a specific, identified and quantified legal risk, most often the adverse outcome of a pending or potential dispute whose financial consequences are estimable. Unlike warranties insurance which covers unknown risks, and tax liability insurance which targets a tax treatment, contingency insurance isolates a precise legal hazard and transfers its cost to an insurer. It allows neutralizing a risk that would block a transaction, distort a valuation or weigh on a balance sheet, by turning an uncertain exposure into a bounded cost. Widely used in private equity and litigation finance, it relies on sharp legal underwriting: the insurer must assess the probability of success of a litigation position, from lawyers' opinions and case analysis, without the benefit of the law of large numbers. Rigorous case selection and control of adverse-selection risk determine the profitability of this niche line.

Example

Textbook case: a company exposed to a potentially heavy judgment in a pending dispute can transfer this risk to a contingency insurer to secure its sale or valuation.

Related terms
Go further at the Academy
Also known as

contingent risk insurance, litigation insurance, adverse judgment insurance, judgment preservation insurance

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