The UK ATE market is a relatively mature, niche market with two distinct product offerings. These are the general “Scheme” business, consisting of a large number of relatively small but similar cases that can be packaged together, and significantly higher value “one-off” commercial cases with a far higher level of coverage.
Despite these two very different product offerings from an insurance perspective, there has been a tendency in the industry to link them together despite very different levels of indemnity and loss ratios. This failure to differentiate has led to some confusion in the market and this has partly led to the failure of the insurance industry to develop to the levels of capacity required. Furthermore, as a niche product, capacity has also been constricted due to a number of uncorrelated factors:
1. Insurers have withdrawn from the market to concentrate on core product lines following various recent non-ATE related market losses;
2. A number of participating insurers suffered losses due to unsophisticated underwriting processes and controls, and incorrect reserving;
3. The demand for ATE insurance is increasing beyond the current providers capacity as demands, specifically for scheme business/financial mis-selling, grows dramatically;
4. At the same time, capacity has been further squeezed by the desire for the legal-tech firms to demand “A” rated security.
This has led to a shortage of traditional capacity, both for scheme and single commercial cases.
The total UK ATE insurance capacity is estimated to be in the region of £1 billion, but with a potential market approaching £4bn. The most recent growth areas are in the sphere of financial mis-selling related to mortgages, Personal Contract Purchase (for motor vehicles), mis-sold second charge loans, and GDPR breaches. These are balanced against more traditional lines such as Group Litigation Order Claims.
Our innovative approach, working with Solicitors, Risk Carriers, and Brokers has enabled us to introduce opportunities for new coverage for legal cases.