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How legal finance adds value to judgment preservation insurance transactions

  • Risk management & insurance
January 11, 2024
Andy Lundberg

Summary

Legal finance providers and other financial professionals have for some years offered some peace of mind to such litigants in the form of claim monetization—advancing a portion of judgments on a non-recourse basis in exchange for a share of the award (if and when it is affirmed and collected). Recently, though, insurers have begun offering a new financial product: Judgment preservation insurance (JPI). While this new product is intended to mitigate the risk of reversal on appeal, its efficacy can be meaningfully enhanced with legal finance.

Successful litigants holding trial-court judgments have traditionally found themselves positioned similarly to mountaineers atop Mount Everest: After a long, brutal and costly ascent to the summit, they’re only halfway home, as their opponents vow to appeal and …

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