LexisNexis® Legal Newsroom
Have You Considered ADR in California?

It seems like everything old is new again when it comes to problems getting dispositions through formal adjudication of disputes at the WCAB. We noted with some humor an article that appeared in the Workers’ Compensation Quarterly in 1987 (the official publication of the State Bar Workers’...

Resolution of Workers’ Compensation Cases Through Mediation

By: Robert G. Heywood, Mediator and Arbitrator and Hon. Steven Siemers (Retired), Mediator and Arbitrator For workers’ compensation cases that have been open for two or more years, that can’t seem to move to closure, that require extensive trial time, present complex legal, factual...

Mandatory Provisions—Not in My State—McCarran-Ferguson, the FAA, and Reverse Preemption

By John E. James and Michael B. Rush, Attorneys, Potter Anderson & Corroon LLP In their article appearing in the May/June 2011 issue of Coverage , "Mandatory Provisions-Not in My State-McCarran-Ferguson, the FAA, and Reverse Preemption," John E. James and Michael B. Rush examine how...

Foley & Lardner: Between Mediation and Arbitration — Binding Mediation: The Third Alternative

By Robert C. (Bob) Leventhal , Partner, Foley & Lardner LLP The vast majority of reinsurance disputes are decided by alternative dispute resolution methods. Binding arbitration is the most widely used method. Recently there has been increased interest in mediation. There is, however, a third...

PROPERTY INSURANCE DISPUTE RESOLUTION - New Appleman on Insurance Law Library Edition, Chapter 48

By Lon A. Berk and Michael S. Levine Chapter 48 provides a discussion of dispute resolution principles under first-party insurance contracts with a particular emphasis on the appraisal valuation process. Section 48.01 discusses generally the first-party recovery process and provides an overview of...

Foley & Lardner: Avoiding Problems With Arbitrator Disclosures: Practical Lessons From Karlseng v. Cooke

By Eric Haab , Partner, Foley & Lardner LLP For many decades, the reinsurance marketplace has adopted arbitration as the preferred mode of dispute resolution. The expressed goals of arbitration are familiar - timely and efficient resolution of disputes by a panel of experts familiar with the intricacies...

Webinar Stresses Use of Mediation in California Workers' Comp

"Mediating Workers' Comp Claims, Liens and Other Disputes" is the topic of a free webinar on Dec. 1 from WorkCompCentral Education, the company announced today. Former Oakland Presiding Judge George Mason and longtime workers' comp legal specialist Frank Russo will present a one...

Courts Continue To Resist Confidentiality in Filing Arbitral Vacatur/Confirmation Proceedings; Other Rulings Lead To Confirmation of Award

By Louis M. Solomon, Partner, Cadwalader, Wickersham & Taft LLP Harper Ins. Ltd. v. Century Indemnity Co. , 10 Civ. 7866 (S.D.N.Y. July 2011)(NRB) (Free Download), addresses cross-petitions to vacate and confirm an arbitral award. The case addresses several typical issues arising in such proceedings...

LexisNexis® Insurance Law Community Podcast: Tim Burns on D&O Insurance Disputes and Arbitration

On this edition, Timothy Burns of Perkins Coie LLP discusses D&O policies and arbitration, consolidation issues and multiple insurers, the rise in disputes over defense costs and special issues involving excess insurers and consent. Mr. Burns is the author of the Directors and Officers Insurance...

UK Insurer Barred from Enforcing Mandatory Arbitration Provision in Coverage Dispute with Missouri Insured

by Seth Lamden , Partner, Neal, Gerber & Eisenberg LLP In Union Electric Co. v. AEGIS Energy Syndicate 1225 , No. 12-3546 (8th Cir. April 19, 2013) [ enhanced version available to lexis.com subscribers ], the court held that a UK insurer was precluded from enforcing a mandatory arbitration provision...

Eighth Circuit Affirms Denial of Insurance Company's Motion to Compel Arbitration

On April 19, the Eighth Circuit affirmed the United States District Court for the Eastern District of Missouri's September 4, 2012 decision in Union Electric Company v. Aegis Energy Syndicate 1225 , holding that a policyholder could avoid arbitration based on an Endorsement that conflicted with a...

California: Former Union Member Not Bound to Arbitration for His Work Injury Claim

In what appears to be a case of first impression, the issue before a WCAB panel was whether an employee, who was a former union member, could be bound to arbitration. In Chamberlain v. Irwin Industries, Inc ., 2013 Cal. Wrk. Comp. P.D. LEXIS – (May 13, 2013), t he WCAB, denying defendant employer’s...

High Arbitration Fees Prove Costly to Defendant

A recent decision by the Arizona Court of Appeals underscores the importance of keeping consumer arbitration agreements consumer friendly. In Clark v. Renaissance West, LLC , [ enhanced version available to lexis.com subscribers ], the court affirmed the trial court’s denial of a motion to compel...

Arbitration gavel

New Nevada Statute May Affect Enforceability of Appraisal Clause in Property Insurance Policies

A growing trend is the imposition of statutory and regulatory limitation on arbitration clauses. To some degree this is a reaction by some jurisdictions to the strongly pro-arbitration position taken by the United States Supreme Court in recent years. Nevada has now followed the anti-arbitration trend...

Ten Most Significant Insurance Coverage Decisions Of 2013 – Washington Supreme Court: Policy Arbitration Clauses Are Unenforceable

Insurers See Red – Insureds See Delicious W.C. Fields once famously quipped: “All things considered, I’d rather be in arbitration.” Insurance policies sometimes contain clauses requiring that any dispute under the policy be resolved by arbitration. Given the complexity and...

Tenth Circuit Rejects State Law Challenge to FAA Primacy

By the Consumer Financial Services Group In the aftermath of AT&T Mobility, LLC v. Concepcion , [ enhanced version available to lexis.com subscribers ], and American Express Co. v. Italian Colors Restaurant , , [ enhanced version available to lexis.com subscribers ], consumer lawyers have frequently...

An American Abroad: The Divergent Worlds Of U.S. And U.K. Insurance Arbitrations

By Rita Davis, Allan B. Moore, Joanna Page, Stephen Moriarty, QC, and Thomas R. Newman I. INTRODUCTION Rooted in common beginnings, the American and United Kingdom legal systems are cousins with many similarities. As with most relatives perched on opposing branches of a family tree, however...

What You May Be Giving Up When You Agree To "Arbitration" In Your Farming Contracts

Although most people are unfamiliar with the arbitration process, it is common for many form contracts to contain "arbitration" clauses. The Texas Supreme Court, [ enhanced version available to lexis.com subscribers ], recently addressed cotton farmers’ challenge to an arbitration clause...

Mindful Case Management

By Dennis Cusack We recently litigated and successfully settled an insurance coverage case that offers a model for managing a case thoughtfully. Too often, parties reflexively dive into litigation with its procedural hurdles and delays, unbounded discovery, and often unnecessary motion practice, without...