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Overview

AppealGap® offers coverage for losses resulting from a favorable verdict, judgment, arbitration award, or agency determination being reversed on appeal.

Ambridge offers two types of AppealGap® policies:

  • Our “offensive” AppealGap® policy is designed to respond to situations where the insured is the plaintiff in the litigation or other proceeding and seeks protection against the damages or other amounts awarded to them being reduced or reversed on appeal.
  • Our “defensive” AppealGap® policy is designed to respond to situations where the insured is the defendant in the litigation or other proceeding and seeks protection against the reversal of a decision in its favor (e.g., a finding of no liability) on appeal.

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AppealGap® policies are custom-tailored to respond to an insured’s specific circumstances, and may cover losses such as compensatory damagespre- and post-judgment interestenhanced or exemplary damages (plaintiff’s policy)and prosecution costs or attorney’s fees award. In select cases, AppealGap® may even be used to insure a party that has lost an initial appeal.

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AppealGap® policies can be utilized by virtually any individual or entity that is party to a litigation or other proceeding on appeal. In addition, coverage can be extended to respond to the concerns of an entity that is not a party to the appeal in question, but nevertheless may suffer negative financial consequences as a result, such as investors, lenders, and other third parties interested in the resultant case law or legal precedent.

AppealGap® policies can be applied in a wide variety of business agreements including financings and investments, licensing agreements, liquidations, mergers and acquisitions, and restructuring and workouts. AppealGap® can be purchased before a transaction closes, at the time of the transaction, or after closing. Policies are available for a broad range of appeals such as:

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Hugo Webb

Managing Director, International Tax and Contingency

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Peter Griesch

Head of Tax and Contingency, North America

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Timothy Kennedy

President - North America

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