JACKSON / LASPO:
3 KEY ISSUES TO CONSIDER
NOW BEFORE IT'S TOO LATE
It is likely that many ATE insurers will leave the market ‘post-Jackson’.
What happens when an ATE insurer refuses to increase the limit of
indemnity or pulls out of a case - on the grounds of prospects, for
example - leaving you with no cover in a regime where new ATE
premiums are no longer recoverable?
What happens in April 2013 and after if you run out of cover on a
case that is currently insured by a BTE or ATE legal expenses policy and
need additional / top-up cover?
Are you confident that cases being run under an existing BTE policy
will be properly supported into litigation?
For an initial premium of £1,
enhance from Keystone is the simple solution for all of
your currently insured Multi-track cases
from Keystone
from Keystone
The pre-Jackson solution for a post-Jackson problem
With the Jackson reforms looming large in April 2013 (‘J-Day’), have you considered
the impact that these changes may have on your currently insured ‘live’ caseload?
Keystone has identified two key areas of risk for firms and their clients:
1.
It is anticipated in the new regime post J-Day that with a much smaller ATE market, many existing ATE insurers will
close their books to new business and go into run off. This will inevitably result in such insurers becoming more riskaverse, increasing the likelihood of them not being prepared to fund any further (e.g. if they feel that prospects of
success have diminished) the more contentious cases on liability and the Part 36 exposure.
2.
We know that ATE insurance taken out post J-Day will no longer be recoverable from the defendant save for minor
concessions for Clinical Negligence disbursements and mesothelioma cases. Significantly there is no exemption for a
currently insured BTE/ATE case that requires a separate top up policy from another insurer if the existing insurer is not
willing to increase their limit of indemnity.
With a 25 year pedigree in legal expenses and ATE insurance, and with no intention of leaving the market post-Jackson,
Keystone Legal has developed enhance to help you to address these threats thereby allowing you to comply with your
obligations of advising your existing clients of the potential Post J-Day risks and, at the same time, offer a simple cost
effective solution.
• enhance - an additional ‘reserve’ ATE policy for all cases (specifically Multi-track) you identify as carrying the potential
risk of needing additional cover at some time in the post J Day future.
• enhance - designed to run alongside any existing ATE/BTE cover from any legal expenses insurer (it is not required
for existing Keystone insured cases), with an initial premium of £1.
•
Extremely simple to arrange cover with very low administration requirements that fit around how you like to work.
•
Once in place enhance can be called upon if required post J-Day, with the self-insured premiums being recoverable
from the defendant insurer.
To find out more and to get your designated PI cases covered please contact [email protected] but please note
enhance policies for your caseload must be in place no later than 7th March 2013.