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On this page you will find some of the most frequently asked questions about Contract Litigation Insurance (CLI). If your question is not addressed here, please feel free to contact us directly using the form below.
What Does The Policy Cover?
As a general matter, certain contracts provide that, if a lawsuit arises out of the contract, the prevailing party in the litigation is entitled to recover their attorneys fees from the losing party. This provision in a contract is known as a fee shifting provision or a prevailing party provision. The CLI policy covers the amount of attorneys fees awarded by a court, after trail or summary judgment up to teh policy limits.
When Can A Litigant Purchase/Apply For A Policy?
Any party to a lawsuit, either a Plaintiff or Defendant, may apply for a CLI policy from JGS Insurance within the optimal purchase period (60 days from the initial filing/service of the complaint). Litigants can apply for coverage after the expiration of the optimal purchase period but typically, as a lawsuit progresses, the degree of uncertainty increases – as does the price of the CLI premium.
What Is Needed To Apply For A Policy?
Each application for insurance is evaluated on an individual basis. The requirements include:
1. A
filed stamped copy of the complaint (a stamp that is placed on a complaint when it is filed at a courthouse) displaying the date upon which the complaint was filed.
2. A copy of the underlying contract.
3. A completed CLI policy application
4. Certificate of service of the complaint (defendants only).
How Much Coverage Should Be Obtained?
There is no way to know exactly how much the opposing party will spend on litigation. As a basic guideline, it is safe to assume that the opposing party will spend the same amount on legal fees as you do. For more information on this topic, please contact us via the form below.
How Long Does The Coverage Last?
CLI policies match the duration of the covered litigation. When the covered litigation terminates, the policy expires.
How Is The Policy Triggered?
The opposing party must be found to be the prevailing party at trial or summary judgment. The court must then order the policyholder to pay the opposing partys attorneys fees.
What Is Needed For Filing A Claim?
Each claim is handled in a professional and expedient manner. The requirements include:
1. A filed stamped copy of the court order requiring the CLI policyholder to pay their adversarys attorneys fees.
2. A filed stamped copy of all court orders issued in the case.
Contact Information:
Jacobson, Goldfarb & Scott, Inc
CLI Department
960 Holmdel Road
Building 1
Holmdel, NJ 07733
(877) 547-4671
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