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Aon Plaintiff Protect

Aon Plaintiff Protect

Aon Plaintiff Protect is a unique after-the-event legal expense insurance product for individuals and businesses contemplating or engaged in civil litigation. It provides financial security for both your firm and your client, by protecting against liability for disbursements and adverse costs should their case ultimately be unsuccessful. A case will be classed as “unsuccessful” if it is lost, abandoned or discontinued.

About Aon and Aon Plaintiff Protect

Aon is the only insurance broker with a unified global team dedicated solely to providing specialized insurance brokerage and risk advisory services to professional services firms. Aon Plaintiff Protect is the brand name given to Aon’s after-the-event legal expense Insurance, which has been specifically designed for the Canadian marketplace. Aon Plaintiff Protect provides insurance for a broad range of plaintiff civil litigation; personal injury, medical malpractice, contractual disputes, professional negligence, and class actions.

APP Overview

Aside from the financial protection for own disbursements and adverse costs orders given by Aon Plaintiff Protect, the presence of this insurance alone increases your negotiation strength by sending a clear message that a licensed insurer has reviewed the case and considers it to have a strong prospect of success.

Educating your client on the availability of Aon Plaintiff Protect represents the highest level of client duty of care, while also lowering the likelihood of an E&O liability. The risk of an E&O liability may not only arise if a client is not informed of the availability of this insurance, but also where a lawyer only recommends the insurance once a case has advanced nearer to trial, leading to a far higher premium than would have initially been agreed, or no coverage at all.

Key features
  • Neither Aon nor the insurer has input into how you run your case
  • The policy can be used as security for costs, giving you an increased ability to defend applications for security
  • The policy provides Rule 49 (Ontario Rules of Civil Procedure) and Rule 9-1 (B.B. Supreme Court Rules) protection for your client; any costs imposed on your client under Rule 49 or Rule 9-1 for failure to accept a reasonable offer will be covered
  • The policy also provides protection for interlocutory costs orders made against your client
  • The premium may be recoverable in Ontario if your client’s case is successful; in the case of Armstrong v. Lakeridge Resort Ltd., the plaintiff was successful in recovering the premium of their After-the-Event policy from the defendant and the case is yet to be appealed or overturned
▸Aon Plaintiff Protect for Class Actions / Mass Torts

We offer a variety of premium options for class actions. Premiums can be:

  • Fully contingent and only payable on the successful outcome of the case
  • Paid and contingent, whereby there is a non-refundable paid premium on inception of the case and a further contingent premium to be paid on successful conclusion of the case
  • The premium can simply be paid in full from the outset of your case

Premiums will vary and are related to the individual risk of the particular action at hand. For both our “fully contingent” and “paid and contingent” options above, we can put rebates in place should your case settle prior to trial.

Recent times have seen a surge of both class action activity and mass tort claims in Canada. Our Aon Plaintiff Protect team has placed insurance for complex class actions across the country, and has global access to the leading insurance markets for class action litigation.

▸Aon Plaintiff Protect for Commercial Litigation

Aon Plaintiff Protect can be utilized for a variety of commercial litigation cases, including, but not limited to, professional negligence, contractual disputes, debt recovery, employment disputes, intellectual property, and estate contestation.

We offer a variety of premium options for commercial litigation. Premiums can be:

  • Fully contingent and only payable on the successful outcome of the case
  • Paid and contingent, whereby there is a non-refundable paid premium on inception of the case and a further contingent premium to be paid on successful conclusion of your case
  • The premium can simply be paid in full from the outset of your case

For both our “fully contingent” and “paid and contingent” options above, we can put rebates in place should your case settle prior to trial. Premiums are rated according to individual risk and will be at their lowest in the early stages of a case when there is a higher probability of settlement.

▸Aon Plaintiff Protect for Medical Malpractice

Medical malpractice cases carry a higher risk for insurers in comparison to personal injury claims. Most doctors subject to a medical malpractice claim are defended by the Canadian Medical Protection Association, which has plentiful resources for defending prolonged legal battles. Medical malpractice victims therefore face substantial challenges in securing fair compensation for their injuries.

However, insurers’ willingness to underwrite these cases is growing and Aon has fostered strong relationships with the insurers operating in this space, with available limits ranging from $50,000 to $250,000.

Premiums are typically flat rated and priced at the application stage with insurers requiring information on the lawyer’s previous medical malpractice experience and performance. In return for an increased spread of risk, insurers are offering competitive premiums where medical malpractice is a specialty of the firm or lawyer.

▸Aon Plaintiff Protect for Personal Injury
Key features

The premium is only payable on successful conclusion of your case; if your case is lost at trial, abandoned or discontinued, the premium is waived.

  • The policy provides a $100,000 limit of insurance as standard coverage per case, with higher limits available
  • Neither Aon nor the insurer has input into how you run your case
  • The policy can be used as security for costs, giving you an increased ability to defend applications for security
  • Coverage provides protection for Rule 49 and interlocutory costs orders made against your client

Aon Plaintiff Protect can be utilized for a variety of personal injury cases, including MVA, non-MVA, and slip and falls. Unlike APP for commercial litigation, medical malpractice, and class actions, APP for personal injury cannot be applied for on a case-by-case basis.

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