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Benefits of former insurance coverage and monitoring counsel as an ADR neutral

The independence and credibility that define effective monitoring counsel often mirror the qualities that make for a skilled mediator—especially in complex, multi-party coverage disputes.

Insurance companies routinely retain counsel to advise them on coverage interpretation and obligations. In certain cases, it is not uncommon for an insured to also appoint counsel to more or less “keep an eye” on the claim and independently advise the claim examiner and/or claim department leader on what is reported or advised by defense counsel (or the adjuster). This role is commonly known as monitoring counsel, underwriters’ representative or watching counsel. Sometimes the same counsel is appointed to provide coverage advice and monitor the claim through settlement, arbitration award or judgment on the merits. 

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Disclaimer

This website is not a solicitation for business. All content on the JAMS website is intended to provide general information about JAMS and an opportunity for interested persons to contact JAMS. The content of this website is not offered as legal advice or legal opinion and it should not be relied upon for any specific situation.  JAMS neutrals are not engaged in the practice of law and no attorney client relationship is intended.  This website is for informational purposes only and does not constitute a complete description of JAMS services. While JAMS endeavors to keep the information updated and correct, JAMS makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, or reliability of the information contained in this website. 

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