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 insurer 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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Insurance companies routinely retain counsel to advise them on coverage interpretation and obligations. In certain cases, it is not uncommon for an insurer 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.
Full article below:
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