Dispute Resolution and Insurance Litigation
- posted: Jan. 06, 2022
It is common for insurance companies and their insured to disagree as to whether a specific insurance claim is covered under the applicable policy. A straightforward claim for coverage can easily turn into a time-consuming dispute between parties. Thus, it is essential for insurance companies to obtain effective legal representation to assist with their insurance coverage disputes in West Virginia.
Common dispute resolution tactics for insurance litigation
With insurance scams and fraudulent claims to be wary of, insurance companies must carefully examine each claim for coverage carefully. The confusing and detailed language of most insurance policies can make it difficult to interpret the true intent of the agreement for coverage. Pursuant to West Virginia law, many courts have implemented alternative dispute resolution programs. To avoid the time and expense of litigating the dispute, many insurance companies and their policyholders are choosing to take advantage of alternative dispute resolution methods such as:
- Mediation. Mediation is a way of resolving disputes between two or more parties with a neutral third party, the mediator, assisting the parties to negotiate a settlement. The mediator facilitates rather than directs the negotiation process.
- Arbitration. Arbitration is a technique for the resolution of disputes by referring the matter to one or more neutral parties, the arbitrator(s), by whose decision the parties agree to be legally bound by. The arbitrator reviews the evidence in the case, hears arguments and renders a binding and enforceable decision or award.
The benefits of alternative dispute resolution methods are numerous, including:
- Less expensive than trial
- Takes less time than litigation
- Parties may have more control over the result
- Mutuality of the agreement may preserve the relationship of the parties
If you have insurance coverage disputes in West Virginia, it is vital that you retain proactive, aggressive and effective legal representation.
As a premier West Virginia insurance law firm, Pullin, Fowler, Flanagan, Brown & Poe has established a national reputation for being an authority on insurance coverage issues. We represent companies of all types and sizes throughout West Virginia, Ohio and Kentucky. We are sensitive to our clients' budgetary parameters and use alternative dispute resolution when possible to resolve disputes quickly and economically. Contact us today to schedule a consultation.