There are few corners of the litigation world that insurance does not touch in some significant way. Insurance can cover a wide and evolving set of risks, from cyberattacks to professional malpractice to pollution to individual directors’ and officers’ liability, and sometimes even intellectual property. Even in business disputes involving mainly breach of contract claims, there are often components of the dispute that may implicate insurance issues. Now, when nearly every business is paying extra close attention to its insurance and trying to obtain coverage for business interruption losses arising out of the pandemic, insurers are hearing from more of their customers than ever before. At the same time, mediations have gone online, as discussed generally by my colleague Conna Weiner in her article about best practices in virtual alternative dispute resolution (ADR) (It’s Showtime! What I Learned in 2020 about Doing Virtual Mediations and Arbitrations). In my view, these conditions create great opportunities for litigants to resolve their disputes quickly, with early engagement from their insurance carriers in virtual mediations.
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