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While many plaintiff’s-side personal injury law firms provide adverse cost insurance to their clients, plaintiffs covered under those policies should not feel totally insulated from the defendant’s costs claim if the litigation goes south, says Toronto lawyer Darcy Merkur. “Many personal injury plaintiffs may not appreciate that even though they were smart enough to purchase adverse costs insurance, where appropriate, that their adverse cost insurance may prove highly inadequate to address the real risk,†says Merkur, a trauma lawyer and partner at Thomson Rogers.
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