Class action litigation is one of the most powerful tools in the U.S. civil justice system—but it’s not just a legal issue. Increasingly, class action litigation is becoming a large business continuity issue, and being served with a class action lawsuit can, and should, raise hard questions among even the most confident of company executives.
When faced with a class action lawsuit, companies are exposed to tremendous risks and uncertainty including:
Large financial liability
Increasing expenses to defend
Uncertain result and ultimate cost
Damage to brand reputation
Impaired liquidity and financial planning
When resolving class litigation, companies face complications surrounding the recognition of the settlement on their financial statements. This stems from uncertainty regarding the amount of the payments that will be owed to class members, which can take months or years to finally determine. To solve these significant problems, we use proprietary quantitative and qualitative risk analysis models to assess, for each client, the financial risks associated with the lawsuit. Then, we individually design a fully-insured settlement that meets the legal and financial objectives of the business. Our consulting is done at no cost or obligation to the client. Unless we can deliver a solution that results in the client purchasing Class Action Settlement Insurance (CASI), the only post-lawsuit settlement insurance available to provide risk transfer of known settlement liability, the client does not pay.
CASI allows businesses to shift the risk of a claims-made settlement to a leading insurer with an A++/AA+ rating for a fixed premium. Therefore, the insurer—and not the settling company—assumes the risk of the settlement cost. The settling company has the freedom to continue their operations with peace-of-mind.
Unlike traditional insurance products, with CASI there are no gaps in coverage because the policy is tailored to each individual settlement agreement. The insurance is only purchased at the time the company is sure to need it—after the litigation has been filed.