A case of failing to communicate
The use of after the event insurance has increased dramatically in recent years but it continues to attract more than its fair share of controversy. Brian Dunk offers his opinions
As the after the event (ATE) insurance market digests the implications of the Royal & Sun Alliance pursuit test cases, one thing has not changed: costs draftsmen are as active as ever.
Defendant insurers routinely employ them to investigate legal costs but, more controversially, many now query virtually every ATE premium too.
Most of these ATE premium challenges are not malicious: rather, they are based on a misunderstanding. There is simply not enough knowledge of this hugely complex and ever
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