How To Mediate Away An Insurance Claim

In the world of mediation, success stories abound, showcasing the power of alternative dispute resolution over lengthy and costly litigation. Today, we delve into a case that revolves around a vehicle damage incident, shedding light on how mediation can provide fair and equitable results for all parties involved while sidestepping the burdens of court expenses.

The Background

The case centers on a business with a fleet of vehicles covered under a commercial auto insurance policy. For five years, the company had full coverage for their vehicles, which were primarily used for local deliveries and errands. However, at the end of their policy term, the business failed to pay their premium, leading to the cancellation of their insurance policy.

Approximately a month after the policy cancellation, one of the vehicles was involved in a collision, resulting in damages to both the company’s vehicle and another individual’s car. Moreover, significant injuries were sustained, leading to a total claim amount exceeding $200,000.

The twist in the tale comes from the fact that the business, despite lacking coverage, decided to sue not only the insurer but also the insurance agent who brokered the policy. Their argument was centered on the claim that they did not receive a courtesy call or reminder from the agent to pay their bill, as had been the practice in prior years.

The Mediation Process

As the case headed towards litigation, the insurance parties, particularly the broker with errors and omissions (E&O) coverage, recognized the potential complexities and costs associated with a court battle. E&O insurance provides coverage for errors and mistakes made by insurance professionals.

Mediation was proposed as a means to navigate the dispute, and that’s where we came in as mediators. The mediation process involved discussions with all parties—the insurance carrier, the E&O company, the insurance broker, and the injured party from the collision.

Uncovering Common Ground

During the mediation sessions, it became evident that none of the involved parties harbored ill will toward the others. Each party simply sought a resolution that would allow them to move forward without significant losses. The injured party’s primary concern was recovering their out-of-pocket expenses, while the insurance parties were keen on mitigating potential legal fees and preserving their reputation.

Crafting a Win-Win Solution

What emerged from the mediation was a win-win solution. The injured party’s out-of-pocket expenses amounted to approximately $75,000. The insurance broker and the insurance company split this amount, each contributing around $37,000. The business that lost their vehicle, valued at $12,000, had to bear that loss but avoided additional payouts to the injured party.

Benefits of Mediation

The mediation process, in this case, showcased several benefits:

  1. Risk Mitigation: Mediation helped manage the risk associated with going to court, where outcomes are unpredictable.
  2. Cost Savings: The parties avoided substantial legal fees and court costs, which would have been inevitable in a protracted legal battle.
  3. Lesson Learned: Each party took away valuable lessons from the experience, leading to improved practices and awareness.
  4. Swift Resolution: Mediation expedited the resolution process, providing closure and allowing all parties to move forward.

This mediation success story highlights the pragmatic and constructive nature of alternative dispute resolution. By focusing on common ground, understanding each party’s concerns, and crafting creative solutions, mediation turned what could have been a protracted and costly legal battle into a fair and mutually beneficial resolution.

In the world of mediation, where outcomes are not dictated by judges or juries but are instead shaped collaboratively, parties often find resolutions that are more satisfactory than those imposed by the adversarial court system. If you’re facing a dispute or conflict, consider the power of mediation to find common ground and reach a resolution that benefits everyone involved. Visit our website at to explore how we can assist you in resolving disputes effectively.

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