Abstract

http://ssrn.com/abstract=1605902
 


 



Concurrent Mediation of Liability and Insurance Coverage Disputes


Ellen S. Pryor


UNT Dallas College of Law

Will Pryor


Will Pryor Mediation and Arbitration

1998

Connecticut Insurance Law Journal, Vol. 4, p. 485, 1998

Abstract:     
Tort litigation has yet to produce a satisfactory solution to a recurring and difficult problem: the presence of an undecided insurance coverage question when the underlying liability case is still pending. The possible litigation options have serious drawbacks. Resolving the coverage case while the tort suit is pending can in some contexts undermine the insured’s defense in the tort suit. Yet leaving the coverage claim unresolved throughout the underlying suit raises concerns of structural collusion and inefficient levels of indemnity insurance. This article explores the use of what we call “concurrent mediation” - mediation of both liability and coverage - as an alternative to these adjudicatory options. By working through a series of paradigmatic coverage-liability disputes, we examine whether, when, and how concurrent mediation can be effectively employed. Our aim is not to discuss mediation versus litigation as a general matter, but to illuminate the incentives, strategies, and doctrinal issues that can affect the feasibility and desirability of concurrent mediation.

Keywords: tort, liability insurance, mediation

JEL Classification: K13, K41

Accepted Paper Series


Not Available For Download

Date posted: May 15, 2010  

Suggested Citation

Pryor, Ellen S. and Pryor, Will, Concurrent Mediation of Liability and Insurance Coverage Disputes (1998). Connecticut Insurance Law Journal, Vol. 4, p. 485, 1998. Available at SSRN: http://ssrn.com/abstract=1605902

Contact Information

Ellen S. Pryor (Contact Author)
UNT Dallas College of Law ( email )
1901 Main Street
Dallas, TX 75201
United States
(214) 752-5959 (Phone)
HOME PAGE: http://www.untsystem.edu
Will Pryor
Will Pryor Mediation and Arbitration ( email )
5420 LBJ Freeway
Suite 626
Dallas, TX 75240
United States
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