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Arbitrating Insurance Coverage Disputes: A Better Alternative to Litigation?

(158 reviews)

Produced on May 19, 2020

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Course Information

Time 1h 2m
Difficulty Intermediate
Topics covered in this course: Insurance

Course Description

With insurance disputes between commercial policyholders and insurance companies becoming increasingly complex and expensive, parties are looking for ways to resolve these disputes more efficiently. Arbitration has become a viable alternative to litigating coverage disputes - but is it more efficient? And are commercial policyholders embracing arbitration? 

Recently, ARIAS•U.S., the leading not for profit trade association for the insurance and reinsurance industry, has issued new rules for policyholder and other insurance arbitrations aimed at bringing fairness to the process while allowing arbitrators with relevant insurance experience to preside over those disputes. Practitioners in the insurance arena now must grapple with the question of whether these new rules will improve the arbitration process for insurance coverage disputes. 

This program, presented by Peter Halprin of Pasich LLP and Larry P. Schiffer of Squire Patton Boggs LLP, reviews the state of insurance coverage arbitration, the positive and negative aspects of the arbitration, and the new ARIAS rules for insurance coverage arbitrations. This course will benefit any attorney who practices in the insurance, reinsurance, or arbitration worlds.


Learning Objectives:

  1. Identify the positive and negative aspects of arbitration as a meaningful alternative to litigation for commercial insurance coverage disputes
  2. Discuss how fairness and efficiency can be brought to commercial arbitration of insurance coverage disputes
  3. Assess how the new ARIAS rules will enhance the ability for policyholders and insurance companies to resolve their coverage and other disputes 


Credit Information

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Faculty

Peter A. Halprin

Pasich LLP

Peter A. Halprin is a partner in Pasich LLP’s New York office.  Peter represents commercial policyholders in complex insurance coverage matters with a focus on recovery strategies in relation to cyber crime, natural disasters, professional services, regulatory investigations, and technology disputes.  Over the course of his career, Peter has arbitrated, litigated, and mediated claims involving a broad range of insurance policies and recovered hundreds of millions of dollars in insurance proceeds for policyholders.

Peter has advised clients regarding insurance coverage under an array of forms and policies including Boiler & Machinery, Builder’s Risk, Commercial Crime, Cyber, Directors & Officers (D&O), Employment Practices Liability (EPL), Errors & Omissions (E&O), Fidelity, General Liability (GL), Kidnap & Ransom (KKR), Media Liability, Pollution Legal Liability (PLL/EIL), Products Liability, Property, Technology E&O, Trade Credit, and Workers’ Compensation.

Peter also drafts coverage analyses and correspondence, and advises captive insurance companies regarding reinsurance recoveries.  In this area, with a focus on health care and hospital professional liability programs, Peter has recovered over $200 million in reinsurance proceeds for captive insurance companies. He has also advised such companies in the design of claims adjustment and related alternative dispute resolution programs.

Peter acts as counsel for U.S. and foreign companies in domestic and international arbitrations, including both ad hoc (ARIAS, Bermuda Form, London) as well as institutional (AAA, ICC, ICDR, JAMS, LCIA) arbitration forums.  He has served as both party-appointed and sole arbitrator, and is a Member of the AAA National Roster of Arbitrators.

Peter assisted in the drafting of the new ARIAS•U.S. Panel Rules for the Resolution of Insurance and Contract Disputes.




Larry P. Schiffer

Squire Patton Boggs

Larry is a senior partner in the New York office of Squire Patton Boggs (US) LLP. He practices in the areas of complex commercial, insurance, and reinsurance litigation, arbitration, and mediation. He also provides advice on coverage, insurance insolvency, and contract wording issues for a wide variety of insurance and reinsurance relationships, as well as insurance and reinsurance advice in conjunction with corporate transactions. Mr. Schiffer also serves as a mediator for the mandatory commercial mediation program of the United States District Court for the Southern District of New York, and for the New York Supreme Court Commercial Division, Alternative Dispute Resolution Program.

He is a member of the American Bar Association's Tort Trial & Insurance Practice Section, where he was Chair of the Excess, Reinsurance & Surplus Lines Committee and presently is Technology Vice-Chair of that committee, is Chair-elect of the TIPS Cybersecurity and Data Privacy Committee, and a three-time past Chair of the TIPS Technology Committee. He was Chair of the ARIAS•U.S. Technology Committee for over 10 years, is Editor-in-Chief of the ARIAS•U.S. Quarterly, a member of the ARIAS•U.S. Ethics Discussion Committee, and was Chair of the New York State Bar Association Committee on Association Insurance Programs for nine years.

Larry has lectured and has been widely published on reinsurance and other insurance topics for the American Bar Association, ARIAS•U.S., AIRROC, American Conference Institute, Mealey’s, HB Litigation Conferences, Harris Martin, Practicing Law Institute, Perrin Conferences, RAA, Reinsurance Magazine, Insurance Day, the Tort & Insurance Law Journal, C5, Falconbury, Westlaw Journal Insurance Coverage, Lloyd’s Market Association, and many others. He serves as an Expert Commentator on reinsurance for IRMI.com, the website of the International Risk Management Institute, Inc., where he has published 80 reinsurance commentaries, and co-authored the chapter on reinsurance in the New York State Bar Association’s Insurance Law Practice treatise. He edits the Squire Patton Boggs Reinsurance Newsletter and InReDisputesBlog.com. He has been recognized by Chambers USA, Expert Guides to the World's Leading Insurance and Reinsurance Lawyers, The International Who's Who of Insurance & Reinsurance Lawyers, Legal 500, U.S. News and World Report:  Best Lawyers in America, and Super Lawyers.

Larry received his J.D. from Albany Law School of Union University, where he graduated cum laude, was a member of the Albany Law Review and the Justinian Society and received his B.A. magna cum laude from Brooklyn College of the City University of New York.  He was admitted to practice in New York in 1980. He was President of the National Alumni Association of Albany Law School from 2005 to 2007 and served on the Law School's Board of Trustees.




Reviews

MS
Mark S.

Good course

CB
carol b.

Excellent presentation that covered some unusual aspects of litigation disputes. First-rate faculty!

SK
Steven K.

Thank you!!

VS
Vanessa S.

I enjoyed the back and forth!

PC
Pamela C.

Good information.

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