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LF Dealmakers Panel: Exploring Use Cases of Insurance Across the Litigation Landscape

LF Dealmakers Panel: Exploring Use Cases of Insurance Across the Litigation Landscape

A panel consisting of Rebecca Berrebi, Founder & CEO of Avenue 33, Daniel Bond, Senior VP of DUAL North America, Jarvis Buckman, Managing Partner at Leste, and Steven Penaro, Partner at Alston & Bird, discussed the intersection of insurance and litigation funding. The panel was moderated by Stephen Kyriacou, Managing Director & Senior Lawyer at Aon. Stephen Kyriacou opened by pointing out how litigation risk insurance began on the defense-side, yet plaintiff-side insurance solutions are now dominating the legal insurance space. Over 90% of Aon’s litigation policies are plaintiff side. He then began the discussion on the topic of judgment preservation insurance. Mr. Kyriacou introduced a hypothetical IP case where the funder and attorney each expect to earn $20MM, and the claimant will take home $60MM. The question was asked, why should funders or attorneys look to insure their award? Jarvis Buckman pointed out the risk mitigation strategy of protecting either part or all of his judgment, in order to take some chips off the table. Rebecca Berrebi added that having an insurance-backed return helps the company book those returns on the current books and not rely as heavily on the final outcome. So even when there is an expectation of collection, insurance can often make sense. Stephen Kyriacou then laid out the three components of a submission package (at least as far as Aon is concerned):
  • Case overview memorandum – Laying out counsel’s view of the strength of the judgment
  • The risk profile – What the risks of the claim are, and the likelihood of their outcomes
  • Aon’s perspective on the insurance – Explaining the motivations for seeking insurance, and the coverage being sought
Daniel Bond pointed out that there is alignment between how he approaches a claim with the process laid out by Stephen Kyriacou. He enjoys having that ‘new case feeling’ which you don’t often get as an attorney. The variability of outcomes provides multiple paths for underwriting, which is different than being an attorney and knowing that there is a binary outcome to your case. Mr. Bond noted that the process involves a lot of communication, to understand his counter-party and what their goals are, along with the business alignments and counter-party risks. Steven Penaro added that the matters have been heavily vetted by the time they get to his desk, as an underwriting counsel. So that implies that there is already a lot of clarification around where things stand. He studies the submission documents and develops an underwriting report and sets up an underwriting call, where the interested parties can discuss and ask questions. Typically, the process takes four to six weeks from when they get the first call until when the policy binds. Mr. Bond added that having people come in with a fresh set of eyes and ‘beat the hell out of the case’ at that juncture in its lifecycle is an extremely valuable process, even notwithstanding the insurance component. Just having experts evaluate the case is a powerful resource. The panel then covered how judgment preservation insurance might pay out, client interests around insuring legal claims, and how clients might pull proceeds from an insurance claim through insurance-backed judgment monetization. The panel offered a thorough deep dive into the insurance landscape—a topic that will no doubt be covered in future events, as these two industries continue to collaborate on mutually beneficial products and services.

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Owner-Operators Join the Push for Funding Disclosure as Ohio’s Law Takes Effect

The Owner-Operator Independent Drivers Association has added its voice to the trucking industry's campaign for mandatory disclosure of third-party litigation funding, arguing that defendants in nuclear verdict cases should be told who is financing the claims against them.

As reported by Land Line, OOIDA wants outside funding of lawsuits disclosed as a matter of course rather than contested case by case. The association's position puts owner-operators and small fleets alongside the larger carriers that have driven the disclosure debate to date, and reframes it as a concern for the smallest operators rather than only for well-capitalised defendants.

The piece, written by Keith Goble, is pegged to Ohio's new funding law, which takes effect on 6 October. The statute requires disclosure of third-party litigation funding agreements and bars funding from foreign governments, foreign corporations and foreign investors outright. State Representative Meredith Craig, a Smithville Republican, said that "for too long, foreign actors have profited off Ohio citizens."

Michigan is moving on a broader measure. House Bill 5281 would require disclosure of funding agreements, establish a registration regime for funders operating in the state, prohibit commissions, referral fees and other payments between funders and attorneys or healthcare providers, and bar foreign entities from financing Michigan litigation. State Representative Mike Harris, a Waterford Republican, described the current arrangements as "shadow cash" moving through the civil justice system.

The article does not put a figure on how much outside capital is financing trucking claims, which remains the central gap in the industry's argument for disclosure.

Rugby Brain Injury Claimants Face £2.8m Costs Bill as Court Blames Former Firm’s Approach

Claimants in the long-running rugby brain injury litigation have been left with a £2.8 million costs bill payable to the defendants by the end of October, with no clarity yet on who will actually pay it.

As reported by NR Times, Senior Master Cook attributed the delays that generated the costs to what he described as the "contradictory and misguided approach" taken by Rylands Garth, the firm that originally ran the group action. KP Law has since taken over the claimants' case and must meet outstanding disclosure obligations by 31 October.

The litigation is funded in full by Asertis, which has financed the entire action over six years, including the neurological testing required to establish each claimant's condition. The report notes that it remains unclear whether the £2.8 million falls to the funder, the former firm, or the claimants themselves, a question with direct consequences for a claimant group that includes seven rugby union players who have died since the action began.

Hundreds of claimants have already been struck off the group register as the case has progressed, and Paul Downes KC has warned of the consequences of further procedural failures. The costs order is the latest in a sequence of adverse developments for the action, which was presented as a landmark test of governing bodies' duty of care in contact sport.

For funders, the case illustrates how a cost liability generated by the conduct of a law firm rather than the merits of the underlying claims can land on a funded book, and how little clarity English procedure offers about where that liability ultimately sits.

Krasha to Launch India-Focused Litigation Finance Platform With US$10 Million Minimum Claim Size

Krasha Financial Services has announced plans to launch a dedicated litigation finance platform aimed at the Indian market, with first deployments targeted for the fourth quarter of the 2026-27 financial year.

As reported by India CSR, the platform will fund commercial litigation, arbitration, insolvency claims and award enforcement. Krasha has set a minimum claim size of US$10 million and will cap funded matters at a five-year expected duration, a structure designed to filter out the long-tail cases that have historically made Indian litigation difficult to underwrite. The company said it is in advanced discussions with a UK-based legal finance firm about a strategic partnership, which would give it access to established underwriting practice in a more mature market.

Krasha's chief financial officer, Avdhesh Singh, framed the opportunity around the scale of unresolved Indian litigation, citing more than 50 million pending cases across the court system. The company pointed to global litigation finance market estimates of roughly US$29 billion in 2026, rising to about US$43 billion by 2031, and referenced Burford Capital's reported 26% internal rate of return as a benchmark for the asset class.

The litigation finance platform will sit separately from Krasha's existing neo-financing business, which has a deployment target of ₹1,200 crore for FY2026-27. The group also runs Prism Strategy, a Category II alternative investment fund of roughly US$60 million to US$70 million. Krasha was founded in November 2023.

India has no dedicated statutory framework for third-party funding, and the launch will test how far a domestic funder can build an underwriting model without one.