Maximizing Mandated Mediation in D&O Coverage Disputes

March 4, 2019
John McCarrick & Giulio Zanolla - White and Williams LLP

Many D&O insurance policies include a contractual requirement that the D&O insurer and policyholder attempt a negotiated resolution, typically through mediation, of any coverage-related dispute between the parties before the parties can resort to litigation or arbitration. However, too often such requirements lead to an unproductive mediation session – not because the process is flawed, but because the parties can have unrealistic expectations about what can be achieved through a mandatory mediation process.

Mr. McCarrick may be contacted at mccarrickj@whiteandwilliams.com



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