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Contract Litigation Insurance™ FAQs

What does the policy cover?

Many contracts provide that if a lawsuit arises out of a contract, the prevailing party in the litigation is entitled to recover their attorneys' fees from the losing party. This is known as a “fee shifting” or a "prevailing party" provision. PCLI and DCLI policies cover the amount of attorneys’ fees awarded by a court, after trial or summary judgment, up to the policy’s limits.

When can a policy be purchased/applied for and how much does it cost?

While contract litigation insurance (CLI) premiums are very affordable, litigants can save on the cost of coverage by purchasing a policy as early as possible. That's because typically, as a lawsuit progresses, the degree of uncertainty increases - as does the price of the CLI premium.

To account for this change over time, CLI policies are offered through a tiered pricing structure that relates directly to the increased level of risk reflected in key states of the lawsuit, including the initial case filing or service of the complaint and the motion to dismiss/answer and discovery periods.

What are the application requirements?

Each application for insurance is evaluated on an individual basis. The requirements include:

  • A “filed stamped copy” of the complaint (a stamp that is placed on a complaint when it is filed at a courthouse by the plaintiff) or, for a defendant, a certificate of service of the complaint, displaying the date upon which the complaint was filed or served;
  • A copy of the underlying contract;
  • A completed PCLI or DCLI policy application; and,
  • Payment of premium.

How much coverage should be obtained?

It is important that attorneys and clients work together to determine the most appropriate amount of coverage for a specific lawsuit.

How long does coverage last?

The policy period matches the duration of the covered litigation. When the covered litigation terminates, the PCLI or DCLI insurance policy expires.

How is the policy triggered?

The insured's adversary must be found to be the prevailing party at trial or summary judgment. The court must then order the policyholder to pay the opposing party's attorneys’ fees.

Are there any exclusions?

There are a few situations where the insurance will not apply. These include:

  • Any settlement of the suit;
  • Any award of adversary's attorney fees arising from punitive, multiple or exemplary damages or for any assessment of legal fees resulting from such an award;
  • When the court determines that the Insured brought the suit in bad faith or prosecuted the suit in a frivolous, wanton or malicious manner;
  • Any suit that is resolved by arbitration, mediation, or any other alternative dispute resolution mechanism; or
  • Any action terminated by default judgment, settlement, voluntary dismissal, stipulation, or any other method except a trial on the merits or a summary judgment motion.

What if there is an appeal?

In most cases, the insurance coverage follows the case until all litigation is completed. Specific details of appeals situations are provided in the policy forms.

What is needed to file a claim?

Each claim is handled in a professional and expedient manner. Claim requirements include:

  • A filed stamped copy of the court order requiring the policyholder to pay the opposing party's attorneys’ fees, and
  • A filed stamped copy of all court orders issued in the case.

If you have additional questions with regard to Plaintiff Contract Litigation Insurance or Defendant Contract Litigation Insurance, please don't hesitate please don't hesitate to contact DHIA.