Tag Archives: Mediation

Hurricane Sandy Update – Case Management Order No. 12

If you have been following Hurricane Sandy news, you may already be aware of Judge Brown’s recent November 7th order in Raimey v. Wright National Flood Insurance Company,1 in the Eastern District of New York (EDNY) which requires defendants in all Hurricane Sandy cases to provide plaintiffs by December 12th:2 [C]opies of all reports described in … Continue Reading

New Jersey Mediation Settlements Must Be Reduced to Writing

Most people battling their insurance carrier over Hurricane Sandy claims have received a notice that they are entitled to participate in a nonbinding mediation process set up by the Department of Banking and Insurance. A recent New Jersey Supreme Court ruling mandates that any settlement reached in this or other mediation program must be reduced … Continue Reading

Florida’s DFS Mediation Program Needs Help

Floridians with residential property damage claims have a right to demand participation in the state mediation program if they have a dispute with their insurance company, but are disputes really getting resolved in these non-binding mediations? The Department of Consumer Services, a section of the Department of Financial Services, oversees this alternative dispute resolution process. … Continue Reading

Insurance Claim Mediation in New Jersey

Policyholders in New Jersey with open Hurricane Sandy claims most likely received an interesting piece of mail in recent weeks: letters from their insurance carriers inviting them to participate in mediation to resolve their claims. This was probably a welcome invitation for many who have not heard from their carrier in a long time; they … Continue Reading

Insurance Policy Conditions (a/k/a/ Land Mines): Part 6 – Mediation and Appraisal Basics

Mediation is defined as “[a] method of nonbinding dispute resolution involving a neutral third party who tries to help the disputing parties reach a mutually agreeable solution.”1 Appraisal is defined as “[t]he determination of what constitutes a fair price; valuation; estimation of worth.”2 A bit more specifically, appraisement is defined as “[a]n [alternative dispute resolution] … Continue Reading

Mediation Notice Lapse Prevents Appraisal Process

The failure to provide a policyholder with statutory notice of mediation prevents an insurer from enforcing appraisal in Florida. In Universal Property and Casualty Insurance Company v. Colosimo, 2011 WL 2031332 (Fla. 3rd DCA May 25, 2011), the Court noted that insurers have statutory and administrative duties to inform policyholders of the alternative mediation process.… Continue Reading

Mediation May Not be the Answer to a Best Alternative Insurance Claim Resolution Process Because it is Subject to Abuse

I appreciate all the comments to posts from readers with various perspectives on insurance coverage and the insurance claims industry. I read them all, try to respond when I can, and honestly consider the viewpoint of those writing. This morning, I came across a comment worthy of consideration by all of us regarding mediation and … Continue Reading

Exodus of Appraisal Continues

Dan Luby of the Florida Insurance News forwarded an article to me, "United Property & Casualty Insurance Company Appraisal Clause." Dan does a fantastic job on relevant insurance news events in Florida and his piece today demonstrates the ongoing trend of appraisal clauses being removed from property insurance policies.… Continue Reading

Insurance Settlement Preparation

The best way to prepare for an insurance settlement is to prepare the case for trial. Trying to predict what would probably happen at trial is a great way to gauge the value of an insurance dispute. I am writing this while flying to New Orleans for a mediation tomorrow morning. This blog post may … Continue Reading