Coverage Arbitration: A Policyholder's Survival Guide

In "Coverage Arbitration: A Policyholder's Survival Guide," attorneys John Nevius and Peter Halprin explain why about a dozen states have banned coverage arbitration and how policyholders should evaluate whether and how to proceed to arbitrate. Among other things, arbitration fosters compromise and streamlines the process. However, policyholders seek to be made whole and should not be denied due process under the guise of efficiency. Once you determine to arbitrate, this presentation takes you step by step through the process and provides practical tips on avoiding pitfalls and making the process as fair and useful as possible while maximizing your potential coverage award.

Learning Objectives:

I.     Understand whether and when coverage arbitration is necessary, may be advantageous, and was agreed upon as well as how to proceed with arbitration in a manner that maximizes the chances of prevailing and the award of coverage

II.    Avoid coverage arbitration which can be disadvantageous, as many states have recognized by banning coverage arbitration outright

III.   Recognize how to take advantage of the differences between coverage arbitration and typical litigation while obtaining due process and without being outmaneuvered by insurance companies

IV.   Gain a practical understanding and practical tips on selecting (and rejecting) arbitrators, how they think and what policyholders can do to win them over or, at least, provide them with the information and tools they need to support a favorable outcome

V.    Garner sophistication when it comes to how arbitration provisions work, whether they, in fact, require arbitration and how, and to avoiding them or making them work for you

VI.   Identify practical tips on how to address and and minimize the impact of issues such as provisions that contain language which purports to erode many traditional policyholder protections and presumptions in favor of coverage and can limit the scope of what can be recovered in terms, for example, of fees, interest, and bad faith