Overview

Insurance Dispute Resolution Proceedings is an authoritative, insider's perspective on best practices for resolving disputes related to insurance claims and coverage. Featuring partners from some of the nation's leading law firms, these experts guide the reader through the intricacies of an insurance dispute from the perspective of both the insurer and the insured, discussing the benefits and drawbacks to various forms of dispute resolution and litigation. These top lawyers give tips on preparing for negotiations, pursuing alternative dispute resolution when appropriate, taking advantage of settlement opportunities, and in general, determining the best course of action based on the client's financial expectations. Additionally, these leaders reveal their strategies with regard to submitting claims, considering the non-financial implications of a coverage dispute, and weighing the implicit advantages to both sides during negotiations and litigation. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experienced lawyers offer up their thoughts around the keys to success within this ever-evolving field of law. Inside the Minds provides readers with proven business intelligence from C-Level executives (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies nationwide, rather than third-party accounts from unknown authors and analysts. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is headed and the most important issues for the future. Through an exhaustive selection process, each author was hand-picked by the Inside the Minds editorial board to author a chapter for this book. Chapters include: Demystifying Insurance Disputes by Patrick J. Kenny, Partner, Armstrong Teasdale LLP; Resolving Disputes with Knowledge and Precision by Sheryl M. Schwartz, Managing Director and Chair, Litigation Department, Herold and Haines PA; Avoiding or Resolving Coverage Problems by Michael D. Risley, Member, Stites & Harbison; A Look at Flood Insurance and Successful Negotiating by Madeleine Fischer, Senior Partner, Jones, Walker, Waechter, Poitevent, Carrere & Denegre; Understanding and Handling Coverage Disputes by James H. Gidley, Partner, Perkins Coie LLP; and, Thoughts from the Insurer Side of the v. by Mark W. Zimmerman, Shareholder, Clausen Miller PC. It also includes: Keys to Successful Resolution of Insurance Disputes by Joseph G. Grasso, Partner, Thacher Proffitt & Wood LLP; Making an Impact on the Final Outcome by Jeffrey J. Bouslog, Partner, Oppenheimer, Wolff & Donnelly LLP; Get the Coverage You Deserve: A Recipe for a Successful Claim by Collin J. Hite, Partner, McGuireWoods LLP; and, A Detailed Overview of the Practice by Rikke Dierssen-Morice, Partner, Faegre & Benson LLP. Appendices include: Appendix A: Text from the judgment in Levy V. General Elec. Capital Assurance Company; Appendix B: The ERISA's Civil Enforcement Provision; Appendix C: Congressional Statement of the Rationale for the ERISA; Appendix D: Settlement Agreement (Version One); Appendix E: Settlement Agreement (Version Two); Appendix F: Settlement Agreement (Version Three); Appendix G: Complaint for Interpleader and Declaratory Relief; Appendix H: Complaint for Declaration of Rights; Appendix I: Standard Flood Insurance Policy Dwelling Form; Appendix J: Form for Proof of Loss under the Standard Flood Insurance Policy; Appendix K: Confidentiality and Standstill Agreement Concerning Settlement and Defense Discussions with Respect to Environmental Claims; Appendix L: Non-Waiver Agreement; Appendix M: Insurer Response to Dispute (Version One); Appendix N: Insurer Response to Dispute (Version Two); and, Appendix O: Settlement Agreement and Release. Appendices also include: Appendix P: Insurance Coverage...Now You Have It, Now You Don't: What Every Lawyer Needs to Know; Appendix Q: Amended Complaint; Appendix R: Brief in Opposition of Motion to Dismiss; Appendix S: Supplementary Motion for Summary Judgment; Appendix T: Joint Motion for Partial Summary Judgment; Appendix U: Final Summary Judgment Brief; Appendix V: Brief in Opposition to Motion to Dismiss; Appendix W: Memorandum on Summary Judgment; Appendix X: Limits Demand Letter During Trial; Appendix Y: Limits Demand Letter with Multiple Insurers; and, Appendix Z: Pre-Mediation Limits Demand Letter.

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