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Mediation Insurance Litigation

Lowenstein Sandler LLP

Mass Arbitrations: Who Pays? Part II

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Host Lynda A. Bennett, Chair of the Insurance Recovery practice at Lowenstein Sandler, welcomes back Freda L. Wolfson, Michael A. Kaplan, and Ruth Fong Zimmerman to continue their discussion on mass arbitration and...more

JAMS

What is the potential of Alternative Dispute Resolution (ADR) in insurance? “The insurance industry is the cornerstone of...

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The daughter of a pastor and a nurse, Rebekah Ratliff, mediator and arbitrator at JAMS, knows what it means to build and live a service-orientated life. Speaking with Insurance Business ahead of a JAMS-sponsored event...more

Lowenstein Sandler LLP

An Uncompromising Insurer: What is a Policyholder to Do?

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Eric Jesse addresses the unfortunately common experience during mediation of when an insurer balks at settlement resolutions: should a policyholder walk away, “pay and chase,” offer the right to receive insurance proceeds, or...more

Lowenstein Sandler LLP

Sending Up the Mediation Smoke Signal: Tools that Policyholders Have Available to Settle A Claim With A Recalcitrant Insurer

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What should a policyholder do if its insurance company refuses to pay all or most of a settlement offer made during mediation? Lynda A. Bennett and Eric Jesse outline the options, from the less-than-ideal approach of walking...more

Lowenstein Sandler LLP

Mediating Complex Insurance Coverage Disputes Series Part 4 - How to Seal the Deal

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In this episode, hosts Lynda A. Bennett and Michael D. Lichtenstein discuss the final stage of mediation, or how to “seal the deal.” They debate the pros and cons of addressing non-financial terms of the settlement, such as...more

Lowenstein Sandler LLP

Mediating Complex Insurance Coverage Disputes Series Part 3 – Breaking the Log Jam

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In part three of our mediation series, Lynda A. Bennett continues the conversation about how to engage in a mediation that leads to a successful outcome with Insurance Recovery Group senior counsel Joseph M. Saka, Adena...more

Lowenstein Sandler LLP

Mediating Complex Insurance Coverage Disputes Series Part 2 – What Goes on in Mediation?

In part two of our mediation series, Lynda and Insurance Recovery Group Senior Counsel Joe Saka are joined by Adena Edwards from Starr Adjustment Services, Inc. and Larry Pollack, Mediator and Arbitrator at JAMS, to explore...more

Lowenstein Sandler LLP

Mediating Complex Insurance Coverage Disputes Series Part 1 – Preparing For The Mediation

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Mediation is being used with increased frequency to resolve complex insurance coverage disputes between policyholders and insurers. As this trend continues, “Don’t Take No For An Answer” takes a deep dive into the mediation...more

Lowenstein Sandler LLP

Seven Tips for Mediating Complex Insurance Coverage Disputes

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Mediation can be a viable way to reach a satisfactory settlement on an insurance dispute. When successful, mediation offers a less costly and time-consuming alternative to litigation and often allows for more candor and...more

Zelle  LLP

Insurer Considerations For Post-Pandemic Virtual Mediation

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As the number of COVID-19 cases increased in the course of the pandemic, so too did the use of virtual mediation as a means of dispute resolution. The utilization of mediation to resolve disputes has quickly become even more...more

JAMS

A Mediator’s Guide to Claims Reserves in the Insurance Industry

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Mediators may encounter a reluctance to settle by one or both parties during the course of a mediation session, but understanding the underlying realities of each party’s position may help break logjams. All stakeholders must...more

JAMS

Benefits of Virtual ADR in Insurance Disputes: Ten Reasons To Consider Resolving Disputes Virtually

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There has been a lot of talk lately, and a lot of presentations, about the pros and cons of virtual alternative dispute resolution (ADR)—video arbitrations and mediations. I recently participated in one such program, but it...more

Rivkin Radler LLP

Insurance Update - March 2021

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In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases. The state high courts address: •From whose perspective should a consent-to-settle provision be judged? •What standard...more

NAM (National Arbitration and Mediation)

Some Thoughts On Insurance And Reinsurance Mediation

Having served as a commercial mediator for the Southern District of New York mediation program for 28 years, I have some thoughts about the use of mediation to resolve insurance and reinsurance disputes. My perspective is...more

Butler Weihmuller Katz Craig LLP

North Carolina Settlements: Unsigned, Sealed, and Delivered

Covid-19 has turned mediations on their head.  The parties are no longer together in well-appointed conference rooms trying to work out their differences.  Instead, they are “together” in Zoom rooms with kids or dogs making...more

Miles Mediation & Arbitration

Why Are Insurance Subrogation Recoveries So Hard Fought? A View from the Inside.

“Don’t worry, we will get it back in subrogation.” These words are often heard in the insurance claims world to soften the blow of a significant settlement or judgment. They might be said to support an account`s deteriorating...more

JAMS

Co-Mediation of Insurance Issues in Bankruptcy Cases

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The coronavirus pandemic has driven many companies into bankruptcy, including well-known names such as Brooks Brothers, Neiman Marcus, J.C. Penney, J. Crew and Hertz. In addition to raising bankruptcy-specific issues, the...more

JAMS

Q&A with Richard J. Suarez Retired Judge, District Court of Appeal

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Tell us about your legal career prior to joining JAMS. My first position out of law school was as an associate with the insurance defense firm of Corlett Killian in Miami. I was fortunate to have spent a year working with...more

McDermott Will & Emery

[Webinar] Navigating Uncertainty In A COVID/Post-COVID World Series | Part One: Proactive Strategies To Implement Now In Order To...

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As in-house teams and their outside counsel providers move beyond the early risks and challenges presented by the COVID-19 pandemic, new insights are forming around the next wave of concerns your company should be thinking...more

Carlton Fields

Don’t Lead Me On: Georgia Court of Appeals Finds Insurance Company Did Not Mislead Insured and Therefore Did Not Waive Policy’s...

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Insurance policies often contain “limitation-of-action” or suit limitation provisions, which contractually reduce the statute of limitations for an insured to assert a claim against an insurer. Depending on the state, such...more

Butler Weihmuller Katz Craig LLP

To Wait or to Mediate?

A “Q&A” ON VIRTUAL MEDIATIONS IN FIRST-PARTY PROPERTY LAWSUITS - Q: Why is mediation used so frequently in insurance lawsuits?  A: Mediation has always played a large role in resolving first-party property claims. ...more

Butler Weihmuller Katz Craig LLP

Butler's Thursday Tips #8 | Importance of a Mediator

Join attorney Shaheen Nouri as he gives three helpful tips on successful mediation for First-Party claims....more

NAM (National Arbitration and Mediation)

Looking F O R W A R D: The ADR Option To Resolve Commercial Insurance Coverage Disputes

New York residents have been asked to “P A U S E.” Across the Nation there is an all-out effort to “Slow the Roll.” Our scientist-leaders have implored us to “social distance.” The historic and courageous acts of healthcare...more

Carlton Fields

Massachusetts High Court Upholds Consent-to-Settle Provision, Protecting Insurer Who Did Not Have the “Final Say”

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The Supreme Judicial Court of Massachusetts recently heard an appeal regarding a particularly obstinate insured, ruling that recognition of a consent-to-settle provision does not in and of itself violate an insurer’s duties...more

Carlton Fields

South Carolina Federal Court Denies Motion to Stay and Orders Insurer to Produce Documents

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The background of this case is as follows. In 2014, ContraVest Inc., ContraVest Construction Co., and Plantation Point Horizontal Property Regime Owners Association Inc. (collectively, “Plaintiffs”) brought suit in South...more

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