Contingent Risks Insurance addresses one-off legal, judicial and legislative risks that may inhibit or prevent completion of transactions, or present undue risk exposure to involved parties.
Key considerations include:
– Motivation of the insured
– Advice from subject matter expert
– Jurisdiction
– Loss profile
– Attachment point
If key information is available or obtainable
The quality of diligence conducted
The availability and quality of pertinent to analyse
The availability of third party expert who can advise
Settlement costs
Legal costs
Experts’ costs
Damages
Other potential liabilities arising in the context of a particular dispute
Fusion provides financial protection to the insured in the event that an identified risk materializes.
The policy protects you against losses resulting from the identified risk.
Risks that we have insured tend to have common fundamental characteristics and be driven by one of the following motivations or benefits:
Transfers an uncertain liability from the insured to the insurer
Facilitating a transaction
Cash release
Greater balance sheet certainty
Enables business opportunities that have been blocked by claims or disputes
Caps future financial risk Information and features.
Fusion’s team draws on experience from a variety of backgrounds, including lawyers, chartered accountants / CPAs, specialty insurance underwriters and claims executives, and InsurTechnologists.
This enables us to assess and structure solutions for a variety of risks and scenarios.
Fusion’s aggregate policy limits typically range from USD / AUD / GBP 2m to 25m.
Fusion and the insured will agree on the retention in order to align interests.
The policy period will match the underlying risk period, up to a maximum of 7 years.
Fusion requires information and conduct rights in respect of the risk. These are negotiable on a case by case basis. Fraud or misrepresentation of the insured are excluded.
As this is very much a bespoke protection, the range of premiums expressed as a rate on line based on the limit of liability are usually in the range of 8% to 20% in the Asia Pacific region.
Fusion will require an expense agreement to be entered into before commencing formal underwriting. This is to cover the cost of instructing external counsel. Legal fees typically range from US$ 30,000 – US$50,000. The fee is charged in addition to the premium.
