Corporate Counsel & Legal Operations Professionals

Certum Group provides risk transfer solutions for companies that find themselves facing known, threatened, or pending litigation, and companies that possess affirmative litigation claims which have yet to be monetized. At Certum Group, we provide solutions that remove the uncertainty of litigation by transferring the outcome risk.

Certum Group’s team of experienced legal, insurance, and risk mitigation specialists use subject matter expertise and a proprietary, data-driven approach to design optimal risk transfer solutions to achieve a company’s business, financial and legal objectives. We provide:

• Class Action Settlement Insurance (CASI): the only post-litigation insurance product on the market that allows companies defending class actions to mitigate, cap, and transfer the financial risk of settlement to an insurance company for a known, fixed cost.
• Litigation Buyout Insurance (LBO): allows companies to successfully ring-fence threated or existing litigation exposure and transfer the full financial risk to an insurance carrier for a known, fixed cost. Furthermore, defense costs are frequently covered under an LBO policy, which is a key differentiator from Adverse Judgment Insurance. In the context of an M&A transaction or financing, LBO insurance negates the requirement for the use of escrows or indemnities.
• Capital Protection Insurance: provides capital protection (equity, debt, or both) for investments in a single case or a portfolio of cases if the litigation is unsuccessful and the capital is not repaid.
• Contingent Fee Insurance: provides reimbursement for attorney’s fees and expenses for law firms working on a contingency in the event the litigation is not successful, thereby mitigating the financial risk to the law firm by insuring the firm’s work-in-progress (WIP).
• Judgment Preservation Insurance (JPI): provides coverage to the prevailing party if a judgment is overturned or reduced on appeal, thereby ensuring that the prevailing party will recover an agreed-upon amount regardless of the outcome. Put simply, JPI is a targeted way to ring-fence appellate risk while allowing a company with a favorable judgment or award to immediately leverage the financial benefits.
• Adverse Judgment Insurance: provides coverage for a defendant with a meritorious defense to protect itself from a potentially catastrophic judgment.
• Prospective Coverage: allows companies to transfer the financial risk of potential, known, or threatened litigation identified in due diligence or otherwise to an insurance carrier for a fixed amount.
• Claim Monetization: provides immediate cash infusion by converting an illiquid and often latent litigation claim into non-recourse capital in exchange for a portion of the claim’s potential future recovery. If the claim is ultimately unsuccessful, the company retains the capital, and the funder is owed nothing.
• Litigation Funding (with Insurance): non-recourse funding of litigation expenses. When coupled with bespoke insurance protection for the funder, provides a more efficient cost of capital.
• Litigation Asset Audit: an in-depth audit identifying potential, latent litigation that could be monetized, and an analysis of current litigation to determine if there are untapped efficiencies to maximize recoveries.