At least one IR35 insurance policy I've reviewed essentially gave the insurer a way out from litigating the case "if they didn't believe they'd prevail". If th

At least one IR35 insurance policy I've reviewed essentially gave the insurer a way out from litigating the case "if they didn't believe they'd prevail". If the same party that stands to lose money if they get involved is the one deciding whether to get involved or not, surely that's a conflict of interest and makes the policy pointless? Sure, I guess you could litigate against the insurer (and still litigate against HMRC), but the whole point of this insurance is to protect against legal costs - if you're going to spend money anyway, what's the point of insurance?