X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Settlement of litigation cases prior to trial often requires resolving competing claims for insurance coverage and indemnification between some or all of the parties. Fundamentally, determining who has to pay to settle a suit can be as complex, if not more so, than the underlying dispute. Determining how the issues of risk shifting are going to be handled when setting up mediation is therefore critical to ensuring that such ADR efforts are productive endeavors. Although there is no singular method or formula, there are three general approaches: Resolving prior to mediation; resolving at the time of mediation; and resolving the underlying case contingent on a post-mediation determination of insurance/indemnity obligations. This article discusses some common considerations to make mediation of cases with such concerns most effective.

Pre-Mediation Resolution

Resolution of coverage and indemnity at an early stage would obviously be ideal. Defining who is obliged to pay and what resources they may have to fund settlement (i.e., insurance ­limits and assets), often shapes a negotiation as much as the issues of liability and damages. However, if the coverage or indemnity dispute centers on the duty to pay, then settling without addressing the underlying case is often not possible.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.