After-the-Event Insurance Should Get More Litigants’ Attention

Bob Koneck of Howden argues that after-the-event insurance deserves far more attention from US and Canadian litigants, saying insurance markets can cover exposure to fee and cost shifting even in jurisdictions where the traditional starting point is that each side pays its own legal costs. He points in particular to contractual fee-shifting provisions as an overlooked source of litigation risk that can potentially be insured.

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