Personal Injury Alternative Dispute Resolution (ADR) Insurance

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Insurance Coverage – Bad Faith – Uninsured Motorist Arbitration

Ted Maslo v. Ameriprise Auto & Home Insurance - Court of Appeal, Second Appellate District (June 27, 2014) - When an auto insurer and the insured cannot agree on the value of an uninsured motorist claim, either...more

Lo-Papa v. Certas Direct Insurance Company and the Minor Injury Guideline

A recent decision by the Financial Services Commission of Ontario reiterates that the onus to prove entitlement to benefits and treatment outside of the Minor Injury Guideline rests with the Insured....more

California Court Allows Uninsured Motorist Bad Faith Suit to Proceed

In its recent decision in Maslo v. Ameriprise Auto & Home Insurance, 2014 Cal. App. LEXIS 564 (Cal. App. June 27, 2014), the California Court of Appeals for the Second Appellate District had occasion to consider whether an...more

Signatories And Non-Signatories Denied Motions To Compel Arbitration

The Tenth Circuit Court of Appeals and a federal district court in Michigan have each issued opinions on motions to compel arbitration. In the Michigan opinion, the court granted a motion for summary judgment, in favor of the...more

The Importance of Settlement Authority at a Pre-Hearing

Arbitrator Wilson’s recent decision in Dabrowska and Aviva Canada [FSCO A13-007793] is a warning to Insurers attending Financial Services Commission of Ontario (FSCO) pre-hearings – always have authority!...more

Selective Way Ins. Co. v. Schulle, Western District of Virginia

The Western District of Virginia reaffirmed the standard for production of information during discovery, as well as the importance of fair mediation, in its recent decision of Selective Way Insurance Co. v. Schulle. ...more

Compelling Evidence, Burden of Proof, and the Minor Injury Guideline: Belair and Scarlett (Appeal)

The long-awaited appeal decision in Belair Insurance Company Inc. and Scarlett was recently released. - Mr. Scarlett was injured in an accident on September 18, 2010 in which he suffered sprains and strains. He also...more

Augustin v. Unifund – Definition of “medical reason” for the purposes of the Minor Injury Guideline

In the recent Financial Services Commission of Ontario (FSCO) decision Augustin v. Unifund (FSCO A12-000452, November 13, 2013), Arbitrator Sapin discusses what is considered a “medical reason” sufficient enough for an...more

Insurer's request for Neuropsychological Assessment is reasonably necessary and fair

Two recent decisions from FSCO have found that an Insurer’s request for a neuropsychological assessment is reasonably necessary and fair. The factors to consider in making this determination include...more

NJ Supreme Court Requires Settlement at Mediation to Be Memorialized in Writing

The New Jersey Supreme Court has issued a ruling in Willingboro Mall v. Franklin Avenue, LLC that when settlement is reached at a mediation, the terms of the settlement must be memorialized in writing before the mediation...more

Insurance And Reinsurance Newsletter - Italy

In This Issue: - NEW METHODS FOR NOTIFYING THE TAX REGISTER OF DATA CONCERNING CONTRACTS AND INSURANCE PREMIUMS – ITALIAN INLAND REVENUE MEASURES NO. 51770/2013 OF 30 APRIL 2013 - ILLEGAL DATA EXCHANGE AMONG...more

Williston v Hamilton (Police Service), 2013 ONCA 296

An insurer who refuses to participate in a mediation requested by a plaintiff in respect of a motor vehicle accident claim continues to risk increased exposure to costs. The Ontario Court of Appeal recently repeated that...more

Annual Review of Significant Cases Affecting Design Professionals

This annual update is to provide a review of the most significant decisions impacting design professionals. The cases will consider the following important issues: the effect contractual language has on a professional...more

Cover your assets By Miles Cooper

Protecting your family’s financial safety and security in the face of uncertainty and risk takes planning and effort. Unfortunately, we frequently meet with people who have suffered an injury or death that, in...more

Recent Changes to Arbitration Provisions in Utah Uninsured and Underinsured Motorist Statutes

One thing both plaintiff’s attorneys and defense attorneys can agree upon is that all drivers should get ample and significant Uninsured Motorist (UM) and Underinsured Motorist (UIM) insurance coverage. These insurance...more

Independence of ACC reviewers

On 18 May 2011, the ACC minister announced the Dispute Resolution Services will become an Independent Crown Entity to address the widely held perception by ACC claimants that reviewers are judge and parties. Kevin Hague - NZ...more

Arbitration in General and U.C.A. § 31A-22-321 Arbitrations in Third Party Motor Vehicle Accident Cases

Utah Code Annotated §31A-22-321 provides for arbitration as an alternative to litigation in certain cases involving third party bodily injury claims where the damages are $50,000.00 or less. Many attorneys have traditionally...more

Successful Mediation -- Do it the right way

Successful Mediation -- Do it the right way...more

How To Settle A Dog Bite Claim And Get The Maximum Settlement Amount For Your Injuries Without A Lawyer in California

California Dog Bite, Personal Injury and Wrongful Death Attorney Sebastian Gibson tells the secrets of how to settle a dog bite claim for the maximum value settlement without a lawyer. Whether you have an auto, car,...more

Rules of Procedure

Founded 1993, United Arbitration already enjoys an active relationship with businesses, bar associations and insurance companies and continues to have an outstanding success rate with bringing disputants "To The Table"....more

Personal Injury Settlement - Truck Accident

My first Million Dollar settlement. Client called GEICO for roadside assistance and while his car was being placed on the flatbed it became dislodged and fell on my client, crushing his right leg....more

Early Offer Reform In Personal Injury Cases — A Proposed Fix To The Personal Injury Litigation System

An interesting study was recently published discussing the potential advantages of adopting a system whereby liability insurance carriers are afforded the opportunity to make “early offers” in personal injury cases. This...more

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