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...mination exist? What new professional liability may exist? How has...carefully examine the potential for liability and weigh the possible risks tha...

... are feeling the impact of inflation and face the need of obtaining capital quickly. Clients also feel this need and press attorneys for quick action. As a result, different degrees of formality have evolved that are faster and cheaper than reliance upon the traditional litigation system: arbitration, mediation, and settlement days. ADR is now so widespread that attempts to negotiate cases are usually expected. Negotiated settlements benefit all clients. Arbitration Arbitration is probably the oldest form of ADR, besides direct negotiations. It involves the use of a neutral third ... Legal and E&O Technology Life/Financial Services Glossaries Management Resources & Links Categories Popular Recent All Back Alternative Dispute Resolution: The Latest Trends 4/30/2013 12:00:00 AM by CompleteMarkets Editor This content has not been rated yet. Claims professionals have become aware of the increasing use of Alternative Dispute Resolution (ADR) to re-solve insurance claims disputes. About 95% of all cases are now resolved without a judge and jury. Insurance companies, once ready to battle most of their cases, are now ... all concerned. The mediator does not command but instead persuades. Mediators try to focus on areas of agreement by the involved parties, thereby reducing areas of disagreement. Once issues in dispute are clearly defined, efforts are made to reach settlements in terms of agreements on liability and damages. Attorneys get involved in mediation sessions. They do not have to settle unless they feel it is in a client's interest. At the very least they have an opportunity to directly meet the other side(s ) . Often, claimants appear with ...

...ly acts as a private judge. The arbitrator hears all sides of a dispute, revie...her areas of law and life, claims professionals must use their instincts and c...

... arbitration, the firm told the arbitrator that my argument on the need for bi...he contact for counsel. 5. Have a professional Litigation Manager monitor the ...

... light after an auto accident in which the client's tractor-trailer rear-ended an auto that was driven by a pregnant woman, who then went into a coma. The trucking company's carrier paid its $300,000 liability limit and the trucking firm agreed to a $3.6 million arbitration award, assigning its inadequate limits claim against the agent to the injured plaintiff. The agency defended itself on the basis that there was an originating broker and that the coverages had been provided as requested by the trucking firm, which never raised an issue over these ... that agencies have gone through over the years. Certainly without question, today's agents look quite different from their counterparts in the 70s! It appears that agents today want to offer a wider range of products to a wider range of clients. Items such as PEOs (Professional Employer Organizations), loan origination, and extended warranties are products that agents have traditionally not marketed. In today's marketplace, the need to diversify is stronger than ever. The use of the Internet as a vehicle for marketing is also supplanting the traditional approach. ... and your clients. Some type of exposure analysis checklist gives solid evidence of your professionalism and will, among other things, reduce your E&O risk-as you can see in this story: A trucking firm brought a suit against an agent for failing to provide adequate Liability limits on its Commercial Auto policy. This came to light after an auto accident in which the client's tractor-trailer rear-ended an auto that was driven by a pregnant woman, who then went into a coma. The trucking company's carrier paid its $300,000 liability ...

...les are not relevant for limited liability companies, sole proprietorships, o... had adequate E&O and other Liability coverage, and that this coverag...

...eir key relationships and more professional in establishing and maintaining t...e Appoints only professional agencies Has ...

...f clients. Items such as PEOs (Professional Employer Organizations), loan orig...our eyes open and with ethics and professionalism in mind, and things should w...

... history, criminal records, and other questionable items on their application. The employment application should include a statement about at-will employment as a defense against potential employee contract claims. Have employees sign an agreement that any disputes concerning hiring, termination or wages be resolved through binding arbitration before a retired Superior Court Judge. REVIEW OF CANDIDATES' QUALIFICATIONS: Besides the standard job interview, employers should consider the following ways of checking a candidate's qualifications: Drug Tests: Many problem employees have drug or alcohol problems. Credit Check: A credit report ... law firms that have expertise in employment litigation. EPL insurers are likely to offer the most favorable rates to clients who implement best practices hiring policies. Marcus Covas is editor of riskVue, a free monthly online magazine from Warren, McVeigh & Griffin for risk and insurance professionals. Login or Register (for FREE) to gain access to thousands of other great articles. Need more reasons to join? Need insurance for you, your business or your family? Get quality appointments - Save yourself a whole lot of time & money when ... nation. Companies are experiencing an explosion of employment-related claims based on sexual harassment and discrimination, wrongful termination and a host of other human resources issues," says Beth Schroeder, an employment law attorney and co-author of The EPL Book: The Practical Guide to Employment Practices Liability and Insurance. Sound employment practices are no longer a guarantee against employment practices liability. You need to keep up with ever-changing employment laws, Shroeder says. So how can you avoid hiring a victim? According to Burnham, thousands of successful public and private corporations ...

...he parties are not disputing any liability issues, just the amount of the clai... better served by trying to resolve liability disputes via some sort of altern...