For Lawyers

What is ATE?

To further increase access to justice for Canadians, we are pleased to introduce a solution called After-The-Event (ATE) insurance, which you can offer to your client.

What is ATE Insurance?

ATE insurance is a Legal Expense Insurance policy that fully protects your client against their opponent’s adverse costs and their own disbursements, should the case fail or be abandoned.

ATE also assists your law firm by providing cost certainty for your client when raising a case and your firm’s associated investment in investigatory disbursements. Thus ATE empowers you to accept more clients, knowing that their disbursements are secured.

By offering ATE does that mean DAS controls my client’s case?

No. DAS does not impose controls on your client’s case.

What does ATE cost?

As with any insurance, your client would pay a premium. There is no upfront fee for applying for ATE insurance and there is no interest charge on the premium, which is only due upon successful conclusion of the matter. A block rating can be provided for most personal injury firms, so you and your client know exactly how much the policy costs even before applying.

How can my firm offer this insurance coverage?

The first step is to contact DAS, who will work with you to evaluate your case files. With the evaluation completed, DAS can either offer:

Delegated Authority, whereby you have the authority to assign coverage to your clients – subject to terms – and then simply notify DAS. Or;
Applications for coverage can be made on a case-by-case basis.

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