Footnote #03
No Litigation Insurance?
I say there never can be: in those other instances the event insured against is always some very simple event,---such as the death of a person,---which in the ordinary course of things is not open to dispute. Here the incident which calls for contribution, is not only disputable, but by the supposition is actually in dispute. Nothing less than litigation can ascertain legally, whether litigation has been necessary. Have you engaged with a man for his paying you a sum of money whenever it shall become necessary for you to institute or defend yourself against a lawsuit?---wait till the suit is at an end, and you will know whether he ought to pay you. A society indeed, and a very laudable one, as been established for purposes which come under this head: but the relief it affords is confined not only to criminal cases, but to a certain description of criminal cases; nor could it be rendered anything like coextensive with the grievance.