Arbitration
Arbitration is a method of resolving disputes outside the traditional court system. In arbitration, both parties involved in a conflict agree to have one or more impartial persons, known as arbitrators, make a decision after hearing arguments and evidence from everyone involved.
What is Arbitration in Insurance?
In the context of insurance, arbitration is used to resolve disagreements between an insurance company and a policyholder, or between two insurance companies. This method is chosen to avoid the complexities and costs of court proceedings.
Example: Imagine that two car owners are involved in an accident. Each has a different insurance company, and the companies disagree on who is at fault. Instead of taking this dispute to court, the companies may agree to arbitration. In this process, an independent arbitrator would review the evidence, such as accident reports and witness statements, and decide who was at fault and how damages should be handled.
Key components of an Adjuster:
- The Arbitrator(s): The arbitrator is a neutral party chosen by the disputing sides or appointed by an arbitration institution. Their role is critical as they have the authority to review all evidence and make a binding decision.
- The Agreement to Arbitrate: This is a crucial component where both parties agree that their dispute will be resolved through arbitration. This agreement is usually part of the insurance policy documents.
- The Arbitration Procedure: The process is less formal than court proceedings. It involves initial statements, presentation of evidence, and a hearing. Procedures can vary, but they generally are quicker and less complex than courtroom trials.
Types of Adjusters
Compulsory Arbitration
In some insurance policies, arbitration is mandatory for certain types of disputes. This means if a dispute arises that falls under these terms, the parties must go through arbitration.
Voluntary Arbitration
Here, both parties agree to arbitrate a dispute even if it's not required by the policy. This type is often chosen to find a quicker resolution.
Binding Arbitration
In binding arbitration, the decision made by the arbitrator is final and enforceable in court, meaning neither party can appeal the decision.
Non-binding Arbitration
This type allows either party to reject the arbitrator’s decision and take the dispute to court instead. It's often used as a way to see how a third party views the case before proceeding to court.
Exclusions and Limitations
Not all disputes can be arbitrated under an insurance policy. Common exclusions include disputes over policy pricing or premium adjustments. Limitations may also apply to the types of decisions an arbitrator can make, such as ruling on policy cancellations or major changes in policy terms without prior agreement of both parties.
Arbitration offers a simpler, often quicker, path to dispute resolution in insurance matters than traditional litigation. Understanding how it works, what it covers, and when it applies can save you time and effort in managing potential disputes.
