Omni Bridgeway : Dispute Finance for (Insurance) Policyholders

Litigation Finance for policyholders

Omni Bridgeway's finance helps policyholders recover losses under their insurance policies

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Insurance is intended to cover you during difficult times.

Contesting coverage denials against insurers can be complex, costly and time consuming, and in some jurisdictions can expose you to adverse costs and other risks.

Omni Bridgeway's finance and insurance expertise helps policyholders pursue strong claims against well-resourced insurers without cost or risk.

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Risk is inevitable. How you approach it is optional

When you face substantial or sustained losses for which your insurer refuses indemnity or coverage, Omni Bridgeway's finance can alleviate resource and liquidity constraints so you can pursue recoveries with confidence and peace of mind.

Purchasing legal assets

For immediate capital, we can purchase (or partially monetise) insurance and other claims, debts, judgments and arbitration awards. This can include single claims or portfolios of multiple claims. This is a quick way to return cash to your organisation so you can focus on operations and business continuity.

Capital advance

Leverage the value in your insurance claims, and any other contingent litigation or arbitration assets, to access immediate cash without corresponding balance sheet liability. Use our funds to sustain or grow your operations and fund your claims / ongoing litigation, arbitration or recovery of judgments and awards. Your litigation assets can also be monetised to cover uninsured losses.

"A lot of policyholders who are rightfully deserving of coverage cannot afford to pursue litigation against an insurer who is denying coverage. Litigation funding can save the business after devastating losses when the insurance company simply refuses to pay."

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MICHAEL LEVINE, PARTNER, INSURANCE RECOVERY, HUNTON ANDREWS KURTH LLP

Single claims and portfolios

Our financing can cover costs associated with pursuing insurance coverage, including legal and expert witness fees, court or arbitration fees and other legal costs and disbursements. When we finance a portfolio we can also fund your defences against claims.

Recovery and enforcement

If you hold favourable judgments or arbitral awards

but prefer not to expend your resources or have limited funds to pursue them, we provide the finance, strategic know-how and project management to recover unpaid judgments and arbitration awards against able, but unwilling or evasive debtors.

Asset tracing and protection

We devise, implement and fund strategies from the outset to locate assets and safeguard collectability.

'Seed' finance

Up-front 'seed' finance allows promising claims to be investigated without impacting funds intended for other priorities. It can cover costs associated with investigating recoverability against defendants, counsel opinion, court applications and other expert reports, and is accompanied by our extensive experience in case analysis and strategy.

Security for costs and adverse costs cover

In cost-shifting jurisdictions, we can provide up-front 'security for costs' and protect you from any adverse costs exposure associated with pursuing your insurance coverage - effectively de-risking your position.

Our finance is available prior to filing a claim, during the course of existing disputes, on appeal or during enforcement of judgment or awards. And our finance is non-recourse - we only recover our expenses and a return on our investment if your claim or recovery is successful.

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"Omni Bridgeway looks at the issues and evaluates them closely. That's very helpful to determine strategies we're going to pursue and whether

we were right about the merits of the case."

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LINDA KORNFELD, PARTNER, INSURANCE RECOVERY, BLANK ROME LLP

"A number of businesses affected by COVID-19 and by other losses, have been so severely impacted, so financially stressed that they can't pursue recovery. This is where litigation funding becomes a very useful tool."

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MICHAEL LEVINE, PARTNER, INSURANCE RECOVERY, HUNTON ANDREWS KURTH LLP

"We have conversations with Omni Bridgeway about whether we can position claims to help the client obtain funding to pursue what is

a very important financial asset for them."

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LINDA KORNFELD, PARTNER, INSURANCE RECOVERY, BLANK ROME LLP

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Dispute finance helps you recover and rebuild

Our finance grants financial relief and confidence to pursue insurance coverage against well-resourced insurers.

Capital management / Improve cash flow

• Avoid drag on P&L, balance sheet and
  EBITDA from costly disputes or recovery actions against insurer
• Pursue legal claims while reserving capital for business continuity, operations and growth
• Avoid opportunity cost - pursue both profit-making opportunities and legal rights
• Alleviate budget constraints and ensure cost certainty

Monetise intangible assets

• Access much-needed cash by leveraging insurance claims, judgments and awards as revenue-generating assets
• Inject cash into your operations without corresponding balance sheet liability
• Assist your in-house legal function with revenue generation
• Finance dispute or recovery expenses without reducing operating profits, depressing financial results or inhibiting your valuation

Outsource risks

• Protect your company from the down-side risk of litigation by transferring 'security for costs' and adverse costs exposure to Omni Bridgeway (in cost-shifting jurisdictions). Avoid the costs of unsuccessful actions through our non-recourse capital

Retain control

• Preserve your decision-making authority on significant issues while collaborating with finance allies as claims and recoveries progress

Supplement resources

• Relieve workload pressure for in-house resources, focus on core business and draw on our expertise in disputes and insurance actions at no additional cost
• Retain leading legal representation and benefit from our independent oversight of strategy and expenses

Assist with enforcement

• Draw on our strategic know-how and project management to recover unpaid judgments and arbitration awards against able, but unwilling or evasive debtors

Gain independent assessment

• Progress claims in the knowledge your position has been vetted by leading professionals with an exemplary success rate - reassuring your Board, creditors and other stakeholders

Enhance reputation

• Enforce your legal rights and convey strength to the market and opponents
• Reassure stakeholders of your effective risk management
• Level the playing field against larger opponents

The only dispute financier selected by IFC World Bank as partner for global Distressed Asset Recovery Program (DARP)

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