DAS announces launch of three new ATE products post-LASPO

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18 March 2013

Leading legal expenses insurer DAS has announced that they will be launching three new after-the-event (ATE) products tailored specifically in response to the introduction of LASPO and qualified one-way costs shifting (QOCS) in April this year.

Phil Bellamy, DAS group underwriting, ATE and special risks manager, said: “After April, many of the existing ATE products on the market will no longer be suitable and solicitors will have to reconsider how to protect their clients and run their business.

“The perception that the changes accompanying LASPO will alleviate the need for ATE insurance is altogether wrong. Not everyone takes out BTE insurance and the introduction of QOCS still means that there are significant costs exposures for claimants and having the right ATE insurance will be as important as ever.

“DAS has helped our business partners through market transition many times before and we are fully committed and prepared to do it again. The main challenge in developing these new products has come from a distinct lack of information and guidance from the Ministry of Justice over the implementation of LASPO and QOCS. These new products have been designed and priced using all the knowledge and understanding we have gained as a leading provider of ATE insurance since 1999.”

The three new policies being launched on Monday 1 April will cover personal injury, civil litigation and clinical negligence. The policies are dependent on a 51%+ prospects of success and offer delegated authority in most cases and fixed pricing from as little as £75.

Key features of the products:

DAS LawAssist: Personal Injury

  • Designed for motor and non-motor personal injury with delegated authority and simple administration.

DAS LawAssist: Civil Litigation

  • Protecting commercial and personal clients from the risks and costs of litigation from a full range of claims – whether run as a conditional fee agreement, damaged based agreement or on a fee-paying basis.

DAS LawAssist: Clinical Negligence

  • For specialist firms dealing with clinical negligence, cover of costs from start to finish, investigation costs and delegated authority.

Core cover for all policies:

  • pay solicitor’s disbursements and barrister’s fees (except if the barrister is acting under a conditional fee agreement);
  • pay the opponent’s legal costs and disbursements;
  • indemnify against liability to pay the insurance premium for the policy:  if the case is lost; or if the claim is withdrawn by, agreement between DAS and the claimant’s solicitor; or after a part 36 offer, and it is won but a court awards damages that are less than the offer to settle.
  • The opponent’s legal costs and disbursements arising from an interim order made against you by the court following a pre-action disclosure or interim application.

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