You can see a good discussion of this same topic here: https://www.taxprotalk.com/forums/viewtopic.php?f=8&t=18866&p=163566&hilit=protective+claim

Don't think AICAP has taken a position on this and it is a long shot by most accounts.  Economically, the viability will also depend on how much you are charging to go through the motion (as alluded to in the thread above).