The Duty to Cooperate Under a Liability Policy
Best Practices for Negotiating Manuscript Exclusions
AGG Talks: Healthcare Insights - Episode 1: A Primer for Providers When Insurance Companies Refuse to Pay
Hinshaw Releases Second Edition of Duty to Defend: A Fifty-State Survey
Hinshaw Insurance Law TV – Transaction Insurance Solutions
The Standard Formula Podcast | Understanding Insurance Resolution Regimes
Policyholders vs. Insurers: 3 Arguments to Make When Selecting Defense Counsel & Hourly Rates
Cracking the Code: Getting the Most Out of Your Cyber Insurance Policy
Insurers Take Note: New Changes to Florida Law Mean Changes in Claims Handling & Roof Repairs in the Sunshine State
An Uncompromising Insurer: What is a Policyholder to Do?
Five Tips to Improve Your Insurance Coverage Claim
Is Captive Insurance Right for Your Business? A Deep Dive with AkinovA
A Deeper Dive Into Insurance Topics for Nonprofits: Special Events Coverage and Considerations When Making Claims
Nonprofit Basics: Insurance Coverage for the New Nonprofit
Loading and Unloading Under GL and Auto Policies: 2022
Sending Up the Mediation Smoke Signal: Tools that Policyholders Have Available to Settle A Claim With A Recalcitrant Insurer
The Calm Before the Storm: Planning for Catastrophic Weather Events
Insurance Renewals: Know When to Hold ‘ Em, Know When to Walk Away
Do R&W Insurers Still Pay Claims? Following Up on Lowenstein’s 2020 Survey
Hinshaw Insurance Law TV: Recent Changes in Florida Property Insurance Law and How They Will Affect First Party Insurance
Multiparty construction mediations are often complicated due to the number of liability, causation, and damages issues. Whether the mediation occurs prior to litigation or after litigation is initiated, there are several...more
Lured by the dream of living in a sun-drenched paradise, with a lower cost of living, and in the case of Florida, no state income tax, hundreds of thousands of Americans have migrated to Florida and the Gulf South over the...more
Given the nature and complexity of construction projects, it’s not surprising that construction law is an ever-evolving amalgamation of federal, state, and local laws, rules, and regulations. Construction cases often include...more
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
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
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
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
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
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
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
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
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
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
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
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
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
Join attorney Shaheen Nouri as he gives three helpful tips on successful mediation for First-Party claims....more
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
I recently participated in a negotiation with an insurer who had denied coverage for an underlying errors and omissions claim in the mid-seven figures. The insurer’s counsel and I exchanged stern letters, each explaining why...more