Benchmark - After the Event Legal Insurance
Click on one of the links below to find out detailed information on the
Benchmark Personal Injury product:
Premiums
The premiums are structured to be fair to all parties and to drive the principle that claims should be settled at the earliest opportunity.
A substantial premium discount is available for fast track cases where an unqualified Admission of Liability is received at an early stage. This unique feature provides great opportunities for cost savings for Liability insurers together with good leverage for claimant solicitors in relation to recovery issues.
The After the Event insurance policy holders are not required to enter into a CCA as premiums are not payable until the end of a successful legal action. Allianz Legal Protection will not ask for payment of the policy premium if the insured action is unsuccessful.
Liability discounts are only available if all of the following apply:
Recoverability
The model used to set these premiums is consistent with judicial views on premium recoverability. NAH and ALP believe that Benchmark After the Event insurance premiums are competitive, reflecting a realistic balance of claims against underwriting return and can be fully justified with defendant liability insurers and the courts.
The Cover
The Benchmark Personal Injury product covers your client for your unrecovered disbursements and the other side's costs, up to £100,000. The policy runs up to the point where both damages and costs have been assessed.
The Benchmark Personal Injury product covers personal injury claims and professional negligence claims arising out of personal injury actions. It does not cover clinical negligence, DVT, stress at work or MIB Untraced Driver Claims. MIB Untraced Driver claims are unsuitable for the scheme as the premium cannot be recovered.
Own barrister's fees are not covered under the policy.
Delegated Authority
It is important for firms to be able to make their own decisions on cases that they feel can be pursued successfully on a CFA basis. Delegated authority is offered to all firms except for in the following types of cases:
Cases that fall outside the delegated authority scheme must be priority reported and may be subject to an enhanced premium. Any quotation is valid for 3 months.
Part 36 Offers/Payments into Court
Benchmark ATE insurance provides an excellent level of protection for clients. The client's damages are ring fenced in the event of a failure to beat a payment in under CPR Part 36. In this situation, the other side's costs and your unrecovered disbursements from the date of the Part 36 Offer or payment in will be covered. This is provided that you have agreed at the outset of the claim to waive your basic charges and success fee from the date of the Part 36 Offer or payment in, if that offer or payment is not beaten.
Insuring all Cases
The widest possible spread of risk is necessary to keep premiums low so it is important that all suitable cases are insured at the earliest opportunity.
Administration of the Scheme
The scheme is easily administered via the CFA Link, an internet site which allows you to add new policies and update existing cases.
Please see the Benchmark 3 Policy Wording for full details of the Benchmark Personal Injury product.
Premiums
Recoverability
The Cover
Delegated Authority
Part 36 Offers/Payments into Court
Insuring All Cases
Administration of the Scheme
The premiums are structured to be fair to all parties and to drive the principle that claims should be settled at the earliest opportunity.
A substantial premium discount is available for fast track cases where an unqualified Admission of Liability is received at an early stage. This unique feature provides great opportunities for cost savings for Liability insurers together with good leverage for claimant solicitors in relation to recovery issues.
The After the Event insurance policy holders are not required to enter into a CCA as premiums are not payable until the end of a successful legal action. Allianz Legal Protection will not ask for payment of the policy premium if the insured action is unsuccessful.
| Case Type | Liability Admitted Premium | Full Premium |
|---|---|---|
| RTA Fast Track | £336 (£320 + IPT) | £394 (£375 + IPT) |
| RTA Fast Track - Passenger only | £336 (£320 + IPT) | £336 (£320 + IPT) |
| Non RTA Fast Track | £499 (£475 + IPT) | £1395 (£1329 + IPT) |
| ALL Multi Track Cases | On application to ALP | |
Liability discounts are only available if all of the following apply:
- Policy start date is within 4 months of first consultation; and
- An unqualified Admission of Liability is received from the opponent within 6 months of policy issue; and
- Allianz Legal Protection is notified through the CFA link system within 14 days of admission
Recoverability
The model used to set these premiums is consistent with judicial views on premium recoverability. NAH and ALP believe that Benchmark After the Event insurance premiums are competitive, reflecting a realistic balance of claims against underwriting return and can be fully justified with defendant liability insurers and the courts.
The Cover
The Benchmark Personal Injury product covers your client for your unrecovered disbursements and the other side's costs, up to £100,000. The policy runs up to the point where both damages and costs have been assessed.
The Benchmark Personal Injury product covers personal injury claims and professional negligence claims arising out of personal injury actions. It does not cover clinical negligence, DVT, stress at work or MIB Untraced Driver Claims. MIB Untraced Driver claims are unsuitable for the scheme as the premium cannot be recovered.
Own barrister's fees are not covered under the policy.
Delegated Authority
It is important for firms to be able to make their own decisions on cases that they feel can be pursued successfully on a CFA basis. Delegated authority is offered to all firms except for in the following types of cases:
- Multi-Party or Multi-Defendant cases
- All Multi Track cases
- Industrial Disease - Including Repetitive Strain Injury, Asbestosis, Vibration White Finger etc. (anything that is "gradually operating" and not an accident)
- Post issue cases
- Where the case is over 2 years old at the time the Benchmark Personal Injury product is to be issued
Cases that fall outside the delegated authority scheme must be priority reported and may be subject to an enhanced premium. Any quotation is valid for 3 months.
Part 36 Offers/Payments into Court
Benchmark ATE insurance provides an excellent level of protection for clients. The client's damages are ring fenced in the event of a failure to beat a payment in under CPR Part 36. In this situation, the other side's costs and your unrecovered disbursements from the date of the Part 36 Offer or payment in will be covered. This is provided that you have agreed at the outset of the claim to waive your basic charges and success fee from the date of the Part 36 Offer or payment in, if that offer or payment is not beaten.
Insuring all Cases
The widest possible spread of risk is necessary to keep premiums low so it is important that all suitable cases are insured at the earliest opportunity.
Administration of the Scheme
The scheme is easily administered via the CFA Link, an internet site which allows you to add new policies and update existing cases.
Please see the Benchmark 3 Policy Wording for full details of the Benchmark Personal Injury product.
