Contingent Risk Insurance

Alston & Bird has been at the forefront of contingent risk insurance since its inception. Encompassing a broad suite of bespoke solutions that help businesses and individuals protect themselves from risks of adverse judgments and preserve the benefits of favorable judgments, contingent risk insurance has become a must-have for those seeking to protect themselves from the vagaries of business disputes. 

From the inception of contingent risk insurance, our team has assisted international and domestic underwriters on a variety of contingent risk issues arising out of a host of different contexts across several subject areas, including complex commercial, patent, environmental, class action, and antitrust litigation. We leverage our robust litigation capabilities across industry and practice sectors to ensure that you receive the most comprehensive advice during the underwriting process. 

As an Am Law 50 firm with more than 450 litigators across 15 industry focuses, Alston & Bird is uniquely equipped to service contingent risk insurance placements. Alston & Bird also employs more than 100 former law clerks and several former judges who provide insurers with an inside look into the judicial process that will adjudicate the disputes or potential disputes at the core of a contingent risk insurance placement. 

Our team of seasoned litigators has advised insurers on contingent risks involving: 

Complex Commercial 

• An adverse judgment policy involving an arbitration concerning claims of fraudulent inducement, breach of contract, and breach of the implied covenant of good faith and fair dealing.
• A judgment preservation policy involving a claim for attorneys’ fees in a class action. 
• A judgment preservation policy involving a tort action involving premises liability issues.
• A judgment preservation policy involving a breach of contract action involving fraud and punitive damages.
• A judgment preservation policy involving a tort action involving products liability issues.
• A judgment preservation policy involving trade secret issues.
• An adverse judgment policy involving breach of contract issues pending resolution before a jury trial.
• A judgment preservation policy involving antitrust claims.
• A judgment preservation policy involving bankruptcy and fraudulent conveyance issues.
• An adverse judgment policy involving indemnity claims.
• A judgment preservation policy involving confirmation of an arbitration award.
• An adverse judgment policy involving statute of limitations and bankruptcy issues.