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Litigation funding

Its 1 cross-references, woven across the glossary's 18 categories

Assumption by a third-party investor of the cost and risk of legal proceedings, in exchange for a share of the proceeds, which lifts the rationing limiting the passage from grievance to claim.

Definition

For two centuries the number of claims brought against a business never reflected the number of breaches committed, but the number of people who simultaneously held a grievance, knew their rights, had the means to act and tolerated the risk of failure. The conjunction of those four conditions was rare, and the gap was a free and considerable filter whose effect observed claims experience never isolated. Third-party funding does not alter substantive law, it alters the rationing function. Claims frequency then stops being a function of the number of wrongs and becomes a function of the capital seeking a return in litigation, which makes it sensitive to the cost of capital. For liability insurance the consequence is that a fall in rates mechanically raises the expected burden on exposures already written, without any error having been made about the materiality of the facts.

Example

No liability rating model today contains a financial market variable, although a growing share of frequency now depends on one.

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