05
Dec
2016

Challenging Arbitration of Disputes Involving Workers Compensation Insurance Programs

Risk Management Magazine

 Share  print   Print        Download PDF

PUBLISHED ON: December 5, 2016

In last month’s Fine Print column, “Navigating Workers Compensation Insurance Program Disputes,” we discussed the disturbing trend of insurance companies seeking to recover retrospective premiums under old workers compensation programs. We noted that insurance companies are trying to have ancient claims heard by arbitration panels under provisions that rarely were recognized by policyholders as applying to the policies. This effort to deny a judicial forum to a purchaser of insurance goods or services builds upon 1) a set of U.S. Supreme Court decisions denying states the power to prevent contractual arbitration even where the intent is to promote consumer protection goals and 2) the insertion of arbitration requirements in consumer banking agreements as a condition to opening accounts or taking out loans.

Related People

- Insurance Recovery Attorney | Anderson Kill P.C.
Managing Shareholder (Firm)
New York
- Insurance Recovery Attorney | Anderson Kill P.C.
Attorney
New York
- Shareholder | Anderson Kill P.C.
Shareholder
New York

Related Practice Areas

Related Publications