In the following guest post, Giulio Zanolla, a principal at Zanolla Mediation, and John F. McCarrick, partner and chair of the Financial Lines Practice Group at White and Williams LLP, take a look at the ways that parties to a D&O insurance coverage dispute can make the most of the policy-mandated mediation process. I would like to thank Giulio and John for allowing me to publish their article as a guest post. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Giulio and John’s article.
Continue Reading Guest Post: Maximizing Mandated Mediation in D&O Coverage Disputes
Alternative Dispute Resolution
Book Review: A Guide to Using ADR to Resolve Insurance Claims Disputes
As is well known, civil litigation in the U.S. can be expensive, time-consuming and burdensome. Despite these obvious drawbacks, countless insurance disputes wind up in litigation, imposing costs and burdens on policyholders, claimants, and insurers. Alternative dispute resolution (ADR) mechanisms – such as arbitration, mediation, settlement conferences, and appraisal – allow the parties to insurance disputes to avoid the expense and burdens of trying to address a dispute in court. A new book published by the American Bar Association entitled “Resolving Insurance Claims Disputes Before Trial” (here) seeks to provide a practical guide to the ADR mechanisms. As discussed below, this book provides valuable guidance for attorneys, claims adjusters, and others involved in the insurance claim process.
Continue Reading Book Review: A Guide to Using ADR to Resolve Insurance Claims Disputes
Arbitration: Coming Soon to a Transaction Near You?
In the latest of a series of decisions dealing with the enforceability of arbitration agreements, the U.S. Supreme Court in its 2011 decision in the AT&T Mobility LLC v Concepcion case held that the Federal Arbitration Act preempts state laws that refuse to enforce class action waivers in consumer arbitration agreements as unconscionable or against…