Andrew L Indeck

February 02, 2017 | FC&S Insurance

While binding arbitration can provide a convenient forum for specific types of claims, within the ambit of insurance coverage litigation, there are significant…

By Andrew L. Indeck and Bradley A. Baldwin

8 minute read

January 26, 2017 | The Legal Intelligencer

While binding arbitration can provide a convenient forum for specific types of claims, within the ambit of insurance coverage litigation, there are significant pitfalls to both insureds and insurers when arbitration is chosen as the dispute resolution forum as opposed to nonbinding mediation or court proceedings. In this article, it is assumed that the parties have unsuccessfully attempted nonbinding mediation and are now faced with the decision of where to prosecute their claims. At least with respect to complex insurance coverage disputes, courts typically represent a superior choice in four key respects: lower comparative total costs; uncompromised resolution on the merits; predictability; and guaranteed appellate review.

By Andrew L. Indeck and Bradley A. Baldwin

15 minute read