ClinNeg

This site provides information about after the event insurance products for clinical negligence cases funded by conditional fee agreements - to help widen access to justice.


List of Insurance Providers (click to jump to)

1. 1st Class Legal

2. Amicus Legal

3. ARAG

4. Benchmark Insurance

5. 80e

6. Elite

7. FirstAssist Legal

8. Ibex Legal

9. IGI Legal Assist

10. LAMP

11. LawAssist

12. medicATE cover

13. medicATE insurance 

14. RemedyLegal

15. Temple Legal Protection 

 


1. 1st Class Legal

Name: 1st Class Legal
Date established:

2005

Website: www.ateinsurance.com
Address: 1st Class Legal (IS) Ltd, Mercury House, Shrewsbury Business Park, Shrewsbury, Shropshire SY2 6LG
Telephone: 0845 241 2076
Email: ate@1stassistlegal.com
Authority:

Individually assessed

Premium cost: 1st Class Legal (IS) Ltd have successfully negotiated a unique and exclusive Clinical Negligence ATE Policy that for the first time, breaks the chicken and egg scenario whereby a positive liability and causation report is normally required to be obtained at the clients expense before an application can be made for ATE insurance.

The 1st Class Legal system provides four stepped levels of cover:

1. Level 1 - £2,000 report-only cover for a premium of £600 

2. Level 2 - £8,000 pre-issue cover for a premium of £2000

3. Level 3 - £40,000 post-issue cover for a premium of £11,000

4. Level 4 - £60,000 additional cover pre-trial for a premium of £21,000 

In all cases the Policy covers the premium and any interest on a CCA loan taken out by the client to fund it and any disbursements if applicable and other funding options may be available. In every case the opponents will have the opportunity to settle the case before the next level of premium is incurred, and most cases so far have settled with only a premium level of £2,600 plus IPT having been incurred.

[ClinNeg note: The levels of cover and premium costs appear to be cumulative.]

When paid: Deferred for the last 2 levels of cover
Own counsel's fees: Yes
Underwriters: Elite Insurance
Disbursement funding: see level 1 above; contact insurer for details.
Notes: £100 (plus VAT) non-refundable assessment fee; detailed application and reporting requirements; no minimum number of cases. Generally, the scheme is only available to solicitors who are members of either the Law Society Clinical Negligence panel and/or the AvMA (Action against Medical Accidents) referral panel and/or have specialise in and have extensive relevant experience of clinical negligence practice. Policy covers cost of premium.

 

 

2. Amicus Legal

Name: Amicus Legal
Date established: 1998
Website: www.amicuslegal.co.uk
Address: The Old Exchange, 64 West Stockwell Street, Colchester, CO1 1HE
Telephone: 01206 366500
Email: enquiries@amicuslegal.co.uk
Authority: All cases individually assessed
Premium cost: £2,500
When paid: Premium paid outset or deferred
Own counsel's fees:  
Underwriters: DAS
Disbursement funding: No
Notes: There is £250 assessment for clinical negligence cases refundable against premium if insurance taken out. No minimum number of cases.

 

 

3. ARAG

Name: ARAG
Date established: 2006
Website: www.arag.co.uk
Address: Froomsgate House, Rupert Street, Bristol BS1 2QJ
Telephone: 0117 917 1688
Email: enquiries@arag.co.uk
Authority: Individually assessed
Premium cost: from £3,750
When paid: at outset or deferred
Own counsel's fees:  
Underwriters:  
Disbursement funding: No
Notes:  

 

 

4. Benchmark Insurance

Name: Benchmark Insurance
Date established:
Website: www.benchmarkinsurance.co.uk
Address: 1430 Montagu Court, Kettering Parkway, Kettering, Northants, NN15 6XR. Tel: 01536 527500
Telephone: 0800 376 1001
Email: info@benchmarkinsurance.co.uk
Authority: Delegated authority
Premium cost:

All premiums are bespoke and managed in 3 stages:

  • Stage 1 - cover up to the issue of proceedings
  • Stage 2 - cover up to 60 days pre-trial
  • Stage 3 - cover for trial
When paid: Deferred
Own counsel's fees:  
Underwriters: Allianz Legal Protection
Disbursement funding:
Notes:

Benchmark is a trademark of National Accident Helpline Limited, 1430 Montagu Court, Kettering Parkway, Kettering, Northants, NN15 6XR. Tel: 01536 527500

 

 

5. 80e

Name: 80e
Date established: 1999
Website: www.80e.com
Address: DAS House, Quay Side, Temple Back, Bristol BS1
Telephone: 0117 934 0087
Email: info@80e.com
Authority: Delegated
Premium cost:  
When paid:  
Own counsel's fees:
Underwriters: DAS
Disbursement funding:  
Notes: Deals with intermediaries and scheme solicitors

 

 

6. Elite Insurance

Name: Elite Insurance
Date established: 2005
Website: www.elite-insurance.co.uk
Address: Newton Chambers, Newton Business Park, Isaac Newton Way, Grantham, Lincolnshire NG31 9RT
Telephone: 0845 601 1221
Email: enquiries@elite-insurance.co.uk
Authority: individually assessed and delegated authority
Premium cost: staged and quarterly
When paid: outset and deferred
Own counsel's fees: Yes
Underwriters: Elite Insurance Company Ltd
Disbursement funding: Yes
Notes: Elite Insurance are underwriters and provide wcheme and bespoke insurance.

 

 

 7. FirstAssist Legal

Name: FirstAssist Legal
Date established: 1999
Website: www.firstassistlegal.co.uk
Address: Marshall's Court, Marshall's Road, Sutton, Surrey SM1 4DU
Telephone: 020 8652 1354
Email: enquiries@firstassistlegal.co.uk
Authority: Individually assessed and delegated authority
Premium cost: Refer to Accord with NHS Litigation Authority dated 1 December 2005

Pursuit-rated cases
(100 - % prospects of success) x {D's costs + C's disbursements}
(% prospects of success)

Additional 10% allowed for administration, additional 10% allowed for brokerage

Staged Premium schemes

Quantum below £40,000
   
Settle before service of proceedings £5,000
Settle less than 90 days after exchange expert reports £10,000
Settle at later stage £12,000
   
Quantum above £40,000
   
Settle before service of proceedings £5,000
Settle less than 90 days after exchange expert reports £12,000
Settle at later stage £18,000

These rates may have changed since 2005.

When paid: deferred
Own counsel's fees:  
Underwriters: Great Lakes Reinsurance (UK) Ltd
Disbursement funding: No
Notes: premium payable only if C wins; automatic cover up to £2 million; Premium calculation approval from the Supreme Court Costs Office, so premium recoverability is not an issue (but note: NHSLA says Accord is non-binding statement of intent and FirstAssist say Accord is a gentleman's agreement).

 

 

 8. Ibex Legal

Name: Ibex Legal
Date established: 2005
Website: www.ibexlegal.co.uk
Address: Trafalgar House, 5-7 High Lane, Manchester M21 9DJ
Telephone: 0161 860 4945
Email: info@ibexlegal.co.uk
Authority: Delegated authority and individually assessed
Premium cost: percentage of limit of indemnity varying according to risk
When paid: outset or deferred
Own counsel's fees: Yes
Underwriters: LAMP
Disbursement funding: Available
Notes: Ibex is an insurance intermediary; no application fee

 

 

 9. IGI Legal Assist 

Name: IGI Legal Assist
Date established: 2007
Website: www.igi.co.uk
Address: Market Square House, St James's Street, Nottingham NG1 6FG
Telephone: 0115 941 1022
Email: nottingham@igi.co.uk
Authority: delegated
Premium cost:

staged: 2 stages

pre-issue £3,000 (plus IPT) LOI £100,000

post issue rated according to estimated profit costs.

When paid: deferred
Own counsel's fees:  
Underwriters: IGI
Disbursement funding:  
Notes: formerly Complete Claims and BWise

 

 

 10. LAMP

Name: LAMP Services Limited
Date established: 2005
Website: www.lampinsurance.com
Address: Chester House, Harlands Road, Haywards Heath, Sussex RH16 1LR
Telephone: 01444 444937
Email: legal@lampinsurance.com
Authority: Delegated authority and individually assessed
Premium cost: priced according to scheme-by-scheme, or case-by-case
When paid: outset or deferred
Own counsel's fees: Yes if not on CFA
Underwriters: LAMP Insurance Company Limited
Disbursement funding: Available
Notes: LAMP offers one off bespoke products and delegated schemes

 

 

 11. LawAssist

Name: LawAssist
Date established: 1995
Website: www.lawassist.co.uk
Address: 1 London Road, Arundel, West Sussex BN18 9BH
Telephone: 01903 883811
Email: enquiries@lawassist.co.uk
Authority:  
Premium cost: Clinical Assist up to £50,000 damages. It is designed particularly for straightforward claims where the solicitor is seeking ATE legal expenses insurance at the pre-issue stage in the claim, and offers a staged premium.
  • Limit of indemnity £100k
  • Opponents costs and disbursements from date of CFA
  • Own disbursements from date of CFA (including Counsel's fees)
  • Premium cover
  • Premium Indemnity Guarantee to cover any shortfall in premium

Staged Premium rates:
Stage a. Pre-issue: £3,500 plus IPT. If case proceeds to issue
Stage b. Issue: £3,750 plus IPT. This is an additional payment
Stage c. Trial Individually rated.

The Clinical Justice Plan (CJP)

  • Limit of indemnity £25k to £100k
  • Opponents costs and disbursements
  • Own disbursements (including Counsels fees)
  • Premium cover and Premium Indemnity Guarantee to cover any shortfall in recovered premium

Premium rates: Pre-issue:
17% of the level of cover selected
Post-issue: 25% of the level of cover selected

LawAssist CFA Insurance

Cover available up to £250k: own disbursements (including Counsel's fees), opponent's costs and disbursements. Premium cover as standard and guaranteed premium recovery; staged and deferred premium.An assessment fee of £350 is payable on one-off case submissions by non-LawAssist Accredited panel members. 

When paid: Deferred; see above
Own counsel's fees: yes, see above
Underwriters: DAS and Elite
Disbursement funding:  
Notes: LawAssist is a trading name of Amicus Legal Limited. Panel membership required.

 

 

 12. medicATE cover

Name: medicATE cover
Date established: 2009
Website: www.medicatecover.com
Address: Client Cover, 9 Breary Lane, Leeds LS16 9AD
Telephone: 0845 643 4133
Email: info@clientcover.com
Authority: individually assessed
Premium cost: staged premiums
When paid: deferred
Own counsel's fees: No
Underwriters: LAMP Insurance Company Limited, Gibraltar
Disbursement funding: No
Notes: Early pre-investigation cover to £2,000: prospective cover for the cost of investigating merits (disbursements for medical records, and expert reports on breach of duty and causation); no assessment fee; available to any solicitor. Premium cost covered.

 

 

13. medicATE insurance

Name: medicATE insurance
Date established: 2008
Website: www.medicateinsurance.com
Address: Chester House, 25 Harlands Road, Haywards Heath RH16 1LR
Telephone: 01444 444957
Email: info@lampinsurance.com
Authority: individually assessed
Premium cost: staged premiums
When paid: deferred
Own counsel's fees: no
Underwriters: LAMP Insurance Company Limited, Gibraltar
Disbursement funding: no
Notes: This is a post-investigation product; for prospective pre-investigation cover for expert reports see medicATE cover above. Premium cost covered.

 

 

 14. RemedyLegal

Name: RemedyLegal
Date established: 2008
Website: www.remedylegal.co.uk
Address: 1 Suffolk Road, London SW13 9PH
Telephone: 07802 333522
Email: info@remedylegal.co.uk
Authority: individually assessed
Premium cost: approximately 25% of cover required
When paid: deferred
Own counsel's fees: no
Underwriters: Enterprise Insurance Gibraltar
Disbursement funding: no
Notes: own solicitor's costs option to £3,000; no assessment fee; available to any solicitor, no minimum number of cases. Premium cost covered. Upper limit of cover £80,000 may be extended. RemedyLegal are Appointed Representatives of Monitor Insurance Services, 4 Bakehouse Court, High Street, Saffron Waldon, Essex CB10 1LD

 

 

 15. Temple Legal Protection

Name: Temple Legal Protection
Date established: 1999
Website: www.temple-legal.co.uk
Address: Portsmouth House,1 Portsmouth Road, Guildford, Surrey GU2 4BL
Telephone: 01483 577877
Email: info@temple-legal.co.uk
Authority: Delegated
Premium cost: varies, from £1,440
When paid: at end of case
Own counsel's fees: yes, if not on CFA
Underwriters: various
Disbursement funding: various
Notes: