Recovery of costs insurance premiums

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Recovery of costs insurance premiums
  • Recoverability of the cost of liability expenses insurance premiums
  • Before the event insurance (BTE insurance)
  • After the event insurance (ATE insurance)
  • Are ATE premiums disbursements for the purposes of a solicitor’s bill?
  • Impact of the LASPO 2012 reforms on the recovery of ATE premiums
  • ATE insurance taken out prior to 1 April 2013—transitional provisions
  • ATE insurance taken out after 1 April 2013—exceptions under LASPO 2012
  • Challenging recovery of ATE premiums—clients
  • Challenging recovery of ATE premiums—paying party
  • More...

Recovery of costs insurance premiums

This Practice Note considers recovery of liability expenses insurance premiums generally. For an introduction to before the event (BTE) insurance and after the event (ATE) insurance (costs insurance), see Practice Note: Costs insurance.

The rules that apply to the recovery of ATE insurance premiums in relation to mesothelioma and clinical negligence claims are beyond the scope of this Practice Note. For further information on the recovery of ATE insurance premiums following the implementation of LASPO 2012 in personal injury claims, see Practice Note: ATE insurance premiums, CFAs, mesothelioma and clinical negligence claims—the Jackson reforms [Archived].

Recoverability of the cost of liability expenses insurance premiums

The recovery of insurance premiums as costs from the other side depends on the type of insurance policy and when the policy was entered into.

Before the event insurance (BTE insurance)

Premiums payable in respect of a BTE insurance policies (policies instituted before an event giving rise to a claim) are never recoverable.

After the event insurance (ATE insurance)

Where an insurance policy is taken out against the risk of incurring liability in proceedings, premiums payable in respect of ATE insurance can be recoverable but the extent to which they are depends on the date on which the policy was entered into and the type of claim it relates to.

The rest of this Practice Note covers the position under Legal Aid, Sentencing

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