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Insurance Industry Mediation

Miles Mediation & Arbitration

Top 10 Tips to Help Avoid Trouble

As an attorney and mediator who specializes in professional liability cases and issues affecting lawyers and their firms, I’ve learned that while the fact patterns and circumstances of every case are different, even the best...more

Smith Debnam Narron Drake Saintsing & Myers,...

Five of the Most Common Construction Disputes that Require Construction Lawyers

Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more

Miles Mediation & Arbitration

Mediating Premises Liability Cases: Common Challenges Plaintiffs and Defendants Face — and How to Address Them   

Plaintiff’s lawyer? Defense counsel? Many attorneys in private practice wind up doing some of both. In fact, many highly successful plaintiffs’ attorneys began their careers at insurance defense firms....more

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...

JAMS on

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

Miles Mediation & Arbitration

A Chance for Substantial Verdicts: Recent Georgia Medical Malpractice Cases

The COVID-19 pandemic has affected every aspect of our lives, and the legal system is no exception. Court hearings went from being in-person to virtual, and court dockets swelled as cases were postponed. In 2023, the legal...more

NAM (National Arbitration and Mediation)

Your Side, Your Story – the Advantage of Being Heard at Mediation

One of the key advantages of mediation is the ability to be heard by a neutral party genuinely interested in the facts and arguments giving rise to the dispute. Allowing the parties to tell their story to someone who is...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

Conyers

Conyers Coverage November 2022 – Issue 8 – Cayman Islands

Conyers on

A very warm welcome to our eighth edition of Conyers Coverage. As we start to wind down on 2022 #TeamConyers is already reflecting on what a hectic and exciting year it’s been for the Cayman Islands (re)insurance industry –...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

JAMS

Business Interruption and the Impact on Insurance Matters

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Three JAMS neutrals share their insights on how COVID-19 has affected the insurance industry - Few industries evaded the effects of the COVID-19 pandemic. But for the insurance industry, the effects were twofold. On one...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

Lowenstein Sandler LLP on

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

Miles Mediation & Arbitration

What We May See as the Legal Side of the Astroworld Tragedy Plays Out

There truly is no adequate remedy for the loss of life that occurred as a result of the fatal crowd crush at the Astroworld Festival on Nov. 5, 2021. Sadly, such tragedies are not new.  A similar one occurred on Dec. 3, 1979,...more

Pillsbury - Policyholder Pulse blog

The Benefits of Mediating Complex Insurance Claims in a Post-Pandemic World

In my December 18, 2017, blog post, I wrote about “choosing the right path” to settle complex insurance claims and emphasized the benefits of private structured negotiation, a type of negotiation undertaken without the...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

The Importance of Adding a Mediation Provision to Representations and Warranties Policies

JAMS on

I recently mediated a dispute involving a claims-made policy with a condition precedent to either side commencing litigation: mediation. Specifically, the policy stated the following: The Insurer and the Insured agree that...more

White and Williams LLP

District of New Jersey Court Clarifies Primary Insurer’s Duty of Good Faith to Excess Insurer

A primary insurer has a duty of good faith to an excess insurer to attempt to negotiate a settlement with a third-party claimant within the primary insurer’s limits. However, determining whether that duty of good faith was...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

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