Few standard-form insurance policies contain arbitration clauses. Increasingly, however, commercial policyholders and insurers are entering into parallel agreements governing topics such as financing of retrospective premium obligations, deductible reimbursements and so forth – and those parallel agreements often have arbitration clauses.
As claim severity continues to climb in many lines of insurance, disputes under these parallel agreements are becoming more common. The increasing frequency of direct insurance arbitrations, coupled with the much-discussed drop in reinsurance arbitration activity as reinsurers consolidate, means that insurance disputes are accounting for an ever-greater percentage of industry arbitrations.
In this webinar, an experienced panel will introduce attendees to the world of direct insurance arbitrations. Two outside counsel will survey the common types of arbitration clauses that arbitrators will encounter, and explain the range of disputes that commonly arise in the direct context, including disputes over arbitrability and the legality of the insurance program agreement. Counsel will also discuss the unique data security issues that sometimes arise in direct arbitrations. Two veteran arbitrators and a company representative will then offer their perspectives, gained over the course of dozens of direct-side arbitrations, on issues that commonly arise when dealing with unsophisticated policyholder counsel and the non-ARIAS arbitrators that they often appoint.”