A large construction company was claiming damages for a breach of contract
What happened?
Though the merits of the claim were strong, the board of the claimant were concerned that in the event of an adverse outcome the company would not only have to write off their own legal costs but also have to pay the defendant’s costs.
Harbour Underwriting, via the claimant’s law firm, provided a comprehensive insurance policy covering own side solicitor’s fees and disbursements, as well as adverse costs.
Outcome
The case went to court and the claimant was successful in receiving damages for the breach of contract and an award for its costs.
Summary
Had the claimant lost at trial the board had the peace of mind that the comprehensive insurance policy from Harbour Underwriting would have paid out up to the individual limit of indemnity under each section of cover: 100% of the defendant’s cost award, 100% of their own disbursements and, after a 25% risk-sharing deductible, 75% of their own solicitor’s fees.
