Academic

Schwarcz on Consumer Insurance Disputes

By Lawrence Solum

Daniel Schwarcz (University of Minnesota Law School) has posted Towards a New Approach for Resolving Consumer Insurance Disputes on SSRN. Here is the abstract:

Much of insurance law and regulation is concerned with compensating consumers who have been wrongly denied coverage. But policyholders nonetheless have relatively few realistic options for challenging an insurer's adverse coverage determination. Litigation is often too slow and costly for those who have recently suffered significant financial loss. Meanwhile, the alternative dispute resolution options that do exist - such as the mediation services that insurance regulators offer or the existing variants of insurance arbitration - are generally either ineffective or unavailable for most disputes. This Article proposes a new way forward by looking to the United Kingdom's innovative Financial Ombudsman Service, which operates in parallel to the British regulator and is solely devoted to resolving consumer financial disputes. It argues that the comparative success of the Financial Ombudsman Service is primarily attributable to the ways in which it blends elements of the individual, uncoordinated insurance ADR schemes that are used in America. As such, the Article concludes that American lawmakers can significantly improve insurance compensation merely by strategically rethinking the institutional architecture of insurance dispute resolution.

Recommended.

Full post as published by Legal Theory Blog on July 30, 2008 (boomark / email).