Dispute Resolution Provisions in Insurance Coverage: Harmonizing Inconsistent and Conflicting Directives

The CLE webinar will analyze how insurance coverage disputes are affected by different types of dispute resolution provisions, particularly when a policyholder's coverage contains inconsistent or conflicting requirements. The program will offer guidance for evaluating the potential impact of varying dispute resolution options, both in the context of resolving coverage disputes under existing policies and placing or renewing future coverage. The program will also address how different resolution mechanisms intersect with common coverage issues involving jurisdiction, venue, choice of law, and policy construction.

As the insurance industry makes more frequent use of arbitration-related provisions, policyholders may not realize the potential impact of the decision to arbitrate rather than litigate coverage disputes. Sometimes, these provisions may be unclear, contradictory, or even unenforceable—especially in complex, high value scenarios involving different towers of coverage. It is essential to consider how various resolution mechanisms can both simplify and complicate coverage disputes, both when evaluating claims and when placing coverage.

Moreover, dispute resolution mechanisms affect more than just procedural matters. When companies headquartered in one state doing business in multiple jurisdictions buy policies from insurers in yet other states that provide nationwide (or even worldwide) coverage, questions over jurisdiction, venue, choice of law, and policy construction are bound to arise. Yet many insurance policies lack choice of law or forum selection provisions for various historical reasons. Varied dispute resolution provisions add further complexity to these already thorny issues, requiring counsel to assess new strategic considerations. 

Listen as our esteemed panel offers guidance about how insurance coverage placement and strategies in insurance coverage litigation should be informed by the dispute resolution provisions, or lack thereof, present in the policies at issue.