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DASCanada - Plaintiff Cost Insurance FAQs

Coverage for my Clients

Plaintiff Cost Insurance FAQs

Learn more about DAS Plaintiff Cost Insurance and read about the answers to frequently asked questions and concerns. 

 
Who is DAS Legal Protection Inc.?
DAS Legal Protection Inc. (DAS) is the insurance manager (Managing General Agent) and has the authority to issue after-the-event (ATE) insurance policies on behalf of Temple Insurance Company. Both DAS and Temple are members of Munich Re (Group). Your clients will benefit from an even stronger risk management and financial security level with A+ rated paper through our insurance carrier, Temple Insurance Company.
What is Plaintiff Cost Insurance?
DAS Plaintiff Cost Insurance (PCI) is a Canadian made legal expense insurance policy designed to protect individuals (plaintiffs) involved in personal injury compensation lawsuits. PCI provides policyholders with the confidence to pursue meritorious civil actions all the way through trial, knowing their disbursements and potential adverse costs will be covered up to the limit of indemnity.
Who is the policyholder?
The policyholder is the plaintiff, meaning your client is personally protected from liability for adverse costs. Most importantly, your client takes their PCI policy with them, should they retain a different lawyer for their ongoing action in the future.
 
The document that determines the coverage in place for your client is the policy – this is the contract between DAS and your client (the policyholder). DAS issues a standard policy to every policyholder. However, the Certificates of Insurance vary, as the limits of indemnity could vary. Conversely, the Terms of Business Agreement (TOBA) is a contract between your firm and DAS, and no part of the TOBA either informs or constitutes the policy.
What coverage does a PCI policy provide my client?

A PCI policy provides coverage in the event that your client:

  • Abandons the solicitor-client relationship and does not evidence intention to retain new counsel;
  • Accepts a without-costs dismissal, per your advice;
  • Receives an award of $0 from a judge or jury;
  • Fails to obtain a judgment in an amount higher than the amount of the defendant’s last formal offer to settle;
  • Obtains a judgment against an impecunious defendant;
  • In order to obtain coverage for any type of appeal from a judgment issued following a hearing in a civil action, you must apply for a separate policy, which will be subject to individual assessment and approval by DAS.
Note: Judicial review proceedings are never covered.
When does coverage commence?
Coverage commences from the date of your firm’s contingency fee agreement with your client, and it is activated once an insurance certificate is issued by DAS.
What types of cases does Plaintiff Cost Insurance cover?
Personal Injury caused by or pursuant to:
  • Motor Vehicle Accidents
  • Occupier’s Liability
  • Product Liability
  • Municipal Liability
  • Assault and Battery
Keep in mind that DAS will NOT insure cases where:
  • The legal dispute has prospects of success below 51%
  • The trial/arbitration in the action has been scheduled to proceed within 18 months of submission of the application for insurance
What is your policy issuance procedure?
Each client requiring protection should have his or her own policy. Our policy issuance procedures:
 
1) Multiple Plaintiffs, One Action

Every insured plaintiff will be issued his or her own policy. If your client’s name is not listed on the Certificate of Insurance as a named insured, they will not have coverage under that ATE policy, even if they are advancing their claim as part of the same civil action with another insured plaintiff.
 
As the plaintiff is the policyholder, each plaintiff decides for themselves whether to purchase ATE insurance, meaning it may be the case that some plaintiffs in an action will have ATE policies, while others do not. Any disbursements claimed on a policy must have been incurred in order to advance the claim of the insured plaintiff whose ATE policy coverage is being accessed.
 
2) Multiple Actions, One Plaintiff

Plaintiffs who are involved in multiple motor vehicle accidents, and have issued multiple civil actions as a result, will not receive more than one policy. If there is absolutely no chance of the multiple issued civil actions being tried together, then a plaintiff may apply for multiple policies. Please note that if multiple policies are issued, premium will be due for every policy, even if a global settlement is reached for multiple actions.
 
3) Family Law Act (FLA) Claimants (Ontario only)

FLA claimants seeking ATE coverage must submit a separate application for ATE insurance. We will issue a separate policy, containing coverage for adverse costs only. The limit of indemnity for each FLA claimant policy will be $25,000.
Are there other products available?
Since September 1, 2018, we offer a suite of PCI products, with varying limits of indemnity and coverages. These products are available on a firm-wide basis.
 
Should your firm wish to change the limit of indemnity or coverage available on its policies, please contact us to discuss further.
What are your claims procedures and documentation requirements?
Please download our ATE Claims Guideline for documentation requirements. In all instances, we require the documentation necessary to substantiate the insured event pursuant to which the claim is submitted.
What important timelines should I note?
  • All claims on the policy, including a claim for a waiver of premium, must be made within 60 (sixty) days from the date on which you reasonably knew or ought to have known of the claim. For example, in the case of an abandonment, 60 days from the date on which you obtained the order removing you as counsel of record.
  • For all claims in excess of the policy limits, the plaintiff will be required to sign and submit to DAS a proof of loss.
  • You must insure your client’s files within 180 days (6 months) of the initial Contingency Fee Agreement (CFA).*
  • If a file is transferred to you from another law firm or lawyer, this will be considered the second CFA – time will be counted from the CFA with the initial lawyer, rather than your subsequently signed CFA. 
  • After the 180-day deadline, the premium will increase, and the file will need to be individually assessed.
  • If not already insured, we will not insure files that are scheduled to proceed to trial within 18 months.
*Long-term Disability files will only be insured once formal proceedings have been issued.
How do I sign up?
Contact us or your insurance broker to start the process of insuring your portfolio of cases. Once a contract is signed between you/your firm and DAS, you will be authorized to offer our Plaintiff Cost Insurance to your eligible clients.
Why should I choose DAS as my preferred adverse cost insurance partner?
DAS was the first insurer to enter the Canadian personal injury adverse costs insurance market. This means we have more data and more experience underwriting this class of insurance than any other legal expense insurance company in the country.
 
As experienced litigators, we craft our products with your firm’s and your client’s long-term future in mind. Your clients receive personal protection and financial security, as DAS policies are issued in the name of the plaintiff, and are backed by an A+ financial security rating. Your firm benefits from financial protection, as you can recover disbursements incurred on files that must be abandoned or withdrawn prior to trial, which may not otherwise be recovered.

*For full details of coverage, including conditions, exclusions, and limitations that may apply, please read the policy wordings. DAS Legal Protection Inc. (DAS) Legal Expense Insurance policies are underwritten by Temple Insurance Company, the insurance carrier of Munich Re in Canada.