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  • Having it both ways? Reflections on conflicts and recoverability of after the Event insurance premiums in Janssen v Onepath

Having it both ways? Reflections on conflicts and recoverability of after the Event insurance premiums in Janssen v Onepath

Moira Saville, Alexander Morris and Chris Andrews of Mallesons share how the Australian Federal Court’s decision in Janssen v OnePath signals heightened judicial scrutiny of ATE insurance in funded class actions, limiting recoverability of premiums and stressing conflicts, disclosure, and the need for funder returns and cost deductions to be reasonable relative to the risks assumed.