Class Action Settlement Insurance
The only product that transfers settlement risk—providing certainty, efficiency, and finality in class action litigation.
How We Help
Certum invented CASI 14 years ago, and it remains the
only solution on the market that allows companies to
mitigate, cap, and transfer the financial risk of settlement in existing class action litigation.
With a
one-time premium, CASI transfers 100% of the aggregate settlement liability for claims-made settlements—allowing companies to resolve expensive litigation efficiently and exit with a
known, fixed cost. CASI has helped clients
expunge over $10 billion in class action exposure, providing unmatched financial certainty and operational relief.
Certum can be retained at any stage of active litigation. Without upfront cost or obligation, we analyze exposure using our proprietary database of historical settlements, assess potential financial risk, and design tailored risk-transfer solutions underwritten by a national carrier rated A++ by AM Best™ and AA+ by S&P™.
Who We Help
Class Action Defendants
Eliminate class action uncertainty. CASI fixes settlement costs, minimizes P&L impact, and enables confident budgeting and disclosure.
Defense Counsel
Partner with Certum to resolve cases efficiently. CASI ensures financial finality, satisfies audit and board concerns, and streamlines settlement approval.
Plaintiff Counsel
CASI facilitates faster settlements by giving defendants a path to closure and liquidity. Plaintiffs benefit from greater certainty of payment, reduced delay, and smoother class-member administration.
How It Works
01
Activation
CASI is purchased once a settlement agreement is reached to transfer the risk of future settlement payouts.
02
Coverage Scope
Coverage applies across consumer-class cases—including fraud, mislabeling, products liability, and statutory claims.
03
Policy Issuance
The insurer issues a policy covering all valid class-member claims under the settlement agreement.
04
Payment and Transfer
With no deductible or self-insured retention, a one-time premium transfers 100% of aggregate settlement liability to the insurer.
Case Study
See how we helped a small business pursue a mission-critical trade secret claim
Waiting to Settle Cost a Company Millions
Using Class Action Settlement Insurance, the company transferred 100% of the settlement risk and saved millions of dollars in exposure and enterprise value.
The Benefits of CASI
By converting unpredictable settlement payouts into a fixed cost, CASI helps businesses:
Ensure budget and forecast accuracy
Minimize P&L and balance-sheet impact
Accelerate closure of long-running litigation
Insurance premiums are a deductible business expenses
Frequently Asked Questions
Does Certum control the litigation?
No. Certum does not control the litigation in any way. Our agreements explicitly disclaim control over case strategy, settlement decisions, or attorney conduct. All decisions remain solely with the client and its counsel.
How should I present my case for funding?
We encourage applicants to submit a concise case summary memo outlining the key facts, legal theories, procedural status, and estimated damages. You can download a sample memo in our Certum Litigation Finance Guide to see what we look for.
Is litigation funding disclosed to the court or opposing party?
Generally, no. Most courts have held that litigation funding is not relevant to the merits of a case and is protected by the attorney–client privilege and work-product doctrine. For details, see our blog post on disclosure and privilege.
How can the funds be used?
Funding proceeds can be used flexibly for:
- Legal fees and case expenses (expert witnesses, discovery, filings);
- Working capital for the client or firm; or
- Related litigation or enforcement efforts tied to the funded matter.
What happens after you fund a case?
Certum monitors progress through periodic updates from counsel. We do not control litigation decisions but can provide strategic guidance and portfolio-level insights informed by our experience funding and insuring complex commercial disputes.
What types of cases does Certum fund?
Certum funds a broad range of commercial and intellectual property disputes, including patent, contract, antitrust, class action, and investment-related matters. We typically engage where expected recoveries exceed $10 million and the legal merits are strong.
What makes Certum different?
Certum stands apart through our flexibility, financial strength, and expertise:
- We partner with institutional capital providers, ensuring long-term stability and capacity to fund large or multi-year portfolios.
- We design custom solutions, not one-size-fits-all products—combining funding, insurance, and structured risk transfer to meet each client’s objectives.
- Our team combines top-tier legal, financial, and underwriting experience, enabling us to evaluate complex matters quickly and creatively.
What happens when a case resolves?
If the case succeeds, Certum receives an agreed share of the recovery. If it is unsuccessful, the funding is non-recourse—meaning the client owes nothing. Many clients choose to continue working with Certum after resolution, reinvesting capital into new matters or exploring portfolio and insurance solutions for future growth.
Get in Touch
Let’s explore how our personalized financing and insurance solutions can help you evaluate and manage risk.
Litigation Funding
Certum provides non-recourse capital to cover legal fees and expenses for Top Am Law 100 firms, corporate counsel, and plaintiff-side practices. Our flexible financing solutions enable clients to pursue high-value litigation without financial constraints—whether funding a single case or an entire portfolio.
We tailor structures to meet each client's needs, from expenses-only arrangements to partial fee coverage. We can engage at any stage of litigation: pre-filing, mid-case, before trial, or on appeal. Our focus areas include antitrust, intellectual property, business torts, contract disputes, mass torts, and novel litigation with substantial recovery potential. Where appropriate, we can combine funding with insurance to reduce the cost of capital.
Our non-recourse structure means clients have no repayment obligation if a case is unsuccessful. This allows our partners—corporations, law firms, and other litigants—to pursue justice with confidence while improving cash flow, managing risk, and preserving capital for strategic priorities.
Claim Monetization
Certum monetizing pending claims, judgments, and awards into immediate revenue. We advance a portion of the expected recovery, providing cash now without waiting for litigation outcomes—eliminating financial and outcome uncertainty while freeing resources to reinvest in the business.
We help businesses and law firms unlock capital strategically to address duration risk in protracted litigation or arbitration, access capital when market conditions favor deployment elsewhere, or remove litigation uncertainty from financial planning. Whether responding to immediate business needs or optimizing balance sheet management, claim monetization converts future recoveries into present value.
For qualifying cases, monetizations can be structured to flow through a company's balance sheet as ongoing revenue recognition rather than a one-time settlement or recovery. Our approach leverages litigation expertise and funding efficiencies to maximize recoveries while reducing risk and creating upside potential.
With Certum's claim monetization solutions, legal departments transform from cost centers into strategic sources of corporate revenue.
Secondary Transactions and Special Situations Financing
Certum facilitates secondary market transactions, purchasing existing portfolios or individual positions from litigation funders and other asset managers. This provides immediate liquidity for deployed capital, enables funders to meet new investment commitments, and creates exit opportunities for limited partners.
We also invest in litigation-related businesses, assets, and joint ventures across the litigation ecosystem. With a flexible investment mandate, we can structure creative solutions tailored to each opportunity—whether providing equity or debt capital to seed a new venture, fund growth, or monetize an existing entity.
Intellectual Property Portfolio Acquisitions
Certum finances the acquisition and monetization of intellectual property portfolios, including patents and copyrights, through strategic licensing and enforcement campaigns. We provide non-recourse capital to IP holders, aggregators, and specialized licensing entities pursuing enforcement against infringing parties.
Our financing supports comprehensive campaigns from acquisition through assertion, covering legal fees, expenses, and operational costs. We structure deals to align incentives and maximize portfolio value, whether funding a targeted campaign against specific infringers or a broader multi-jurisdictional enforcement strategy.
With deep expertise in IP litigation economics, we evaluate technical and creative merit, claim strength, and market dynamics to identify high-value opportunities. Our flexible approach accommodates various deal structures—from single-asset assertions to large portfolio acquisitions—enabling partners to monetize intellectual property assets without capital constraints.