Who is liable to pay the ATE insurance premium?
As with any insurance policy, the person insured (i.e. the claimant) is responsible for payment of the premium. However, the premium payment terms of many ATE Insurance policies are unusual in that the premium is often payable not when the insurance is taken out but instead at the conclusion of the case. This is called a ‘deferred premium’ arrangement..… Read More Even more importantly, the terms of the policy are often such that the premium only becomes payable if the claimant’s claim is successful. This is called a ‘contingent premium’ arrangement (i.e. contingent on the claimant winning the case). In such circumstances, at the end of the case, the claimant would seek to recover the cost of the ATE Insurance premium from the losing defendant. This is in the same way as any successful claimant would seek to recover from the defendant his other costs and disbursements associated with bringing his claim. Usually the ATE insurer will await payment of the premium from the defendant rather
