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Dispute Resolution, Insurance, and Points of Convergence

40 Pages Posted: 12 Nov 2015  

Robert H. Jerry, II

University of Missouri Law School

Date Written: November 10, 2015

Abstract

This paper introduces Volume 2015 of the Journal of Dispute Resolution (JDR) and marks the advent of an insurance law initiative under the auspices of the Center for the Study of Dispute Resolution at the University of Missouri School of Law. The paper contends that dispute resolution and insurance intersect in numerous ways, and that dispute resolution is a largely untapped resource for deepening understandings of how insurance claims are resolved and existing claims processes might be improved. Thus, it encourages experts in both fields to collaborate to address various legal and policy issues that arise in insurance law. As a descriptive piece which does not intend to be comprehensive, the paper identifies various points of convergence and explains their importance. After comments on the scope, importance, and purpose of the business of insurance, the paper describes and briefly explores four specific points of convergence: mediation of property insurance claims in mass disasters; appraisal in property insurance, which has characteristics of both mediation and arbitration; arbitration as it arises in personal automobile insurance, some commercial liability insurance, and crop insurance, and as it pervades reinsurance; and mediation and arbitration in health insurance. Professor S.I. Strong expands on these themes as they arise in international insurance and reinsurance in her paper, which will be published in JDR as a response to this paper, titled "The Special Nature of International Insurance and Reinsurance Arbitration: A Response to Professor Jerry."

Keywords: insurance; dispute resolution; business of insurance; mass disasters; mediation; arbitration; reinsurance; property insurance; automobile insurance; appraisal; liability insurance; health insurance; flood insurance; crop insurance; alternative dispute resolution; claims processing

Suggested Citation

Jerry, II, Robert H., Dispute Resolution, Insurance, and Points of Convergence (November 10, 2015). 2015 Journal of Dispute Resolution, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2015-28. Available at SSRN: https://ssrn.com/abstract=2688741

Robert H. Jerry (Contact Author)

University of Missouri Law School ( email )

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