Sunday, April 12, 2015

By Joanna Walsh


With the increase of lawsuits being filed, there has occurred a sort of marriage between the fields of law and insurance. Both lawyers and adjusters are expected to stay current on any applicable case law, with adjusters being required to show that they have a working knowledge of their jobs by renewing a professional license each year. Another excellent way for them to stay on the ball is to seek online mediation training.

Most mediations involve a civil court judge meeting with all the parties involved in a lawsuit. Only parties with a legally vested interest in the outcome are allowed to attend these mediations. The purpose of such a meeting is to negotiate a settlement on the claim/lawsuit before the matter can go to trial where it becomes more complicated and expensive for all involved.

Because Lloyds is a large syndicate of insurance companies, they are able to spread their risk world-wide and make available insurance for risks which would otherwise be uninsurable. The claims made against them often turn into lawsuits. The difficulty for the adjuster and defense counsel for the insured, no beneficial outcome is anticipated, and they are simply attempting to settle a case as quickly and inexpensively as possible.

It is often in the best interests of a litigation specialist representing the Lloyds Syndicate, that they settle the case out of court. Especially when working in a very liberal venue, such as in South Carolina or the three West Coast states. However, in the more conservative venues, pressure may be applied to the Plaintiff rather than the Insured to settle the case rather than go to trial and get nothing.

Once litigation is filed in most instances, it is then illegal to communicate directly with the Plaintiff, and everything must go through their attorney. That restriction does not apply in cases where the adjusters are working for a third party administrator rather than the insurance company directly. In such cases, the adjuster is able to freely communicate with all parties to a case.

It is during the process of mediations that the adjuster maintains nearly as much control as the Judge over how a case is settled. The plan is generally to settle the claim that day, and the adjuster is ready with an indemnification check. They direct counsel for the Insured, and negotiate with the Plaintiff as well as Plaintiff Counsel to seek resolution of the case.

Additional coursework and instruction is a great idea for both the insurance adjuster and the attorney. For the adjusters who are required to maintain a license while attorneys are not, a forty-hour course and passage of an examination is all that is required to land such a job. Seeking some additional instruction from professionals online can help prepare anyone who is new to the process.

Lawyers as well as adjusters are encouraged to take these additional education opportunities so that everyone involved knows what to expect when attending mediations. Being an attorney who provides a defense for an Insured has very different requirements than the practice of any other form of law. These lawyers must learn to think like insurance adjusters.




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