Personal Injury & Clinical Cases Delegated Authority Scheme
As you will be aware it is now incredibly difficult to obtain ATE cover for individual PI matters on an ad-hoc basis. With the advent of ‘Qualified One-Way Cost Shifting ‘ (QOCS) the majority, if not all of the ATE Insurers find it is no longer viable for them to individually underwrite personal injury risks given the lower revenue from premiums. This is one of the unforeseen consequences of the introduction of ‘QOCS’ after the ‘LASPOA’ Act.
In order to obtain ad-hoc ATE Insurance for an individual case, Underwriters routinely require an Expert’s report
establishing causation and liability followed by a Counsel’s Opinion when liability is denied or proceedings
need to be issued. This can often leave a claimant in a ‘Catch 22’ position, they can’t afford to take the risk
of commissioning a report for a case that may not subsequently obtain an offer of insurance and this will leave
them unable to proceed with litigation with the possibility an Expert’s fee still to be paid. The ‘Catch 22’
is quite simply ‘No Report equals No Insurance’ and ‘No Insurance equals No Report’ for many prospective