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Aon  |  Professional Services Practice
Plaintiff Protect

Plaintiff Protect provides financial security for both your law 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.

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Aside from the financial protection provided by Plaintiff Protect, the existence 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 Plaintiff Protect represents the highest level of client duty of care, while also lowering the likelihood of professional liability.

The risk of a professional 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.

Our Solution

  • 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.C. 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 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)