How Litigation Funding Can Benefit Insurers in Subrogation and Reinsurance Claims
The business of Insurance is a complex one, full of costly legal pitfalls. This is especially true within two core components of the Insurance industry: subrogation and reinsurance. Fortunately, litigation funding provides an antidote to Insurance companies who may find themselves embroiled in legal turmoil stemming from either practice. As noted on IMF Bentham’s website, subrogation is the act of recoupment by an Insurance company of their payment to a policy holder. The Insurance company may be on the hook to the policy holder, but can attempt to recoup their policy payout by suing the allegedly liable party. So for example, if a homeowner declares property damage, the Insurance company will pay out the requisite amount as stated in the policy, but assuming a third party is liable for that property damage, the Insurance company may pursue legal action against the third party to recoup their payout. It goes without saying that subrogation is fraught with risk. The third party may be impecunious, therefore making collectability an issue. And there is always the risk that the litigation will go awry, despite the underlying merits. This is where litigation finance comes in. By its very nature, litigation finance mitigates risk, and in this instance allows the Insurance company to pursue meritorious subrogation claims. Similarly, funders can partner with contingency-fee law firms who take on subrogation claims from large Insurance providers on a portfolio basis, thus mitigating the law firm’s risk as well. So there are multiple avenues here where funding can be applied. Reinsurance involves a similar circumstance. An Insurance provider may take out reinsurance on the policy the company writes (that reinsurance may in turn be reinsured; and on and on…sort of like a ‘Russian Doll’ of insurance policies). The higher the number of reinsurances, the more likely a conflict over who is liable for the payout. Reinsurance litigation is essentially a breach of contract claim, except given the complexity, it is often decided by a judge, rather than a jury. As with subrogation, litigation finance provides certainty that legal costs will not encumber the plaintiff and ensure them access to justice. So for any Insurance company – or law firm with a portfolio of subrogation or reinsurance claims – litigation finance is a helpful tool worth considering.
