Mediating a Third-Party Claim Where the Insured and the Insurer Are at Odds

The panel will discuss situations where:
( i ) the insurer asserts that it does not cover all claims and wants the insured to monetarily participate in the settlement;
( ii ) the insurer states that there are strong legal arguments to be made and wants the litigation to proceed, but the insured does not;
( iii ) the insured wants to settle the claim late in the mediation day at the negotiated amount, but the insurer insists that it is too high a price and refuses to go along;
( iv ) the insurer wants to settle the claim but the insured objects due to their own business reasons.

The program will be followed by a networking reception.

Panel:

1. Diana Shafter Gliedman, Committee co-Chair and Partner at Anderson, Kill. Diana represents policy holders in multi-party, multi-issue insurance coverage disputes with an emphasis on Comprehensive General Liability Insurance, Directors & Officers Liability Insurance, Property Insurance and Errors & Omissions/Professional Liability Insurance.

2. Peter Biging, partner at Goldberg Segalla where he is the firm’s nationwide Management and Professional Liability practice Chair. He is the immediate past Chair of the ABA TIPS Professional Liability Insurance Committee and the former Chair of the PLDF (Professional Liability Defense Federation) Insurance Agents and Broker Claims and D&O Committees.

3. John Diaconis, partner at Bleakley, Platt and Schmidt where he is in the Employment and Insurance Practice groups and represents insurance companies and insureds. He is a former Vice President at Hartford Financial Services. John is also an AAA mediator and arbitrator.

4. Mark Bunim, Committee Co-Chair and full time mediator and arbitrator at Case Closure LLC and panelist with AAA and Fed Arb. Mark is on the AAA Large Complex Claims panel, is a Fellow of the College of Commercial Arbitrators, a Diplomate member of the National Academy of Distinguished