Two Types of Coverage, One Strategic Goal
Whether you're protecting cases you already have or cases you're investing to acquire, insurance transforms how lenders see your deal.
Pros & Cons
An honest look at both sides. So you can make the best decision for your firm.
The pros and cons above are illustrative and not exhaustive. Every funding structure carries firm-specific legal, tax, and financial considerations. Always consult your CPA and an attorney before entering into any funding arrangement.
How Litigation Insurance Transforms Your Financing
Litigation insurance is a relatively new but rapidly growing tool in the plaintiff finance ecosystem. At its core, it provides downside protection on your case portfolio, either protecting your existing docket against adverse outcomes (docket-wrapped insurance) or protecting your investment in new case acquisition (case acquisition insurance). The mechanics work like this: an insurance carrier evaluates your portfolio, underwrites the risk, and issues a policy that pays out if cases underperform expectations. This insurance doesn't just protect your firm. It fundamentally changes how lenders view your portfolio. An insured docket is a de-risked docket, and de-risked portfolios attract more lenders at better rates. Firms that wrap their portfolios in insurance typically see interest rate reductions of 2-5%, which on a $20M facility can translate to $400K-$1M in annual interest savings. The insurance premium and underwriting costs are often far less than the interest savings, making this a net-positive financial decision for firms with qualifying portfolios.
How Firms Use This Capital
What to Know Before You Apply
Premium vs. Interest Savings
Insurance premiums typically run 3-8% of coverage amount. Compare this against the expected interest rate reduction. Most firms see net savings of 2-5% on their total facility cost after accounting for premiums.
Underwriting Fees Are Upfront
Insurance carriers charge $15K-$75K+ for underwriting and portfolio evaluation. This is a non-refundable upfront cost that applies regardless of whether coverage is ultimately bound. Budget for this.
Coverage Limitations
Insurance policies have specific exclusions, coverage limits, and trigger conditions. Understand exactly what's covered and what's not. Not all adverse outcomes will trigger a payout.
4-8 Week Binding Timeline
From initial underwriting to policy binding, expect a 4-8 week process. Factor this timeline into your financing strategy, especially if you're pursuing insurance to support a new credit facility.