Wiley Rein LLP


Wiley Rein's Insurance Practice includes a highly regarded alternative dispute resolution (ADR) component.  Our attorneys have decades of arbitration experience and successfully have taken many arbitration cases from the filing of the arbitration demand through the conclusion of hearings and issuance of interim and final awards.  We also have resolved many matters favorably through negotiation, mediation, and settlement prior to an award and conduct all of our cases with an eye toward obtaining the most desirable result while minimizing burden and cost.

Our attorneys have arbitrated issues under a variety of insurance policies, including general liability, professional liability, and other specialty lines.  We have handled arbitration disputes involving insurers and policyholders, insurers and reinsurers, insurers and managing general agents, and multi-insurer disputes. Our representative experience includes:

  • Representing an insurer in a $240 million binding arbitration concerning an errors & omissions (E&O) coverage dispute with its policyholder arising out of civil antitrust lawsuits filed against a Fortune 100 company.
  • Representing an insurer in a $20 million multi-party American Arbitration Association (AAA) arbitration involving the policyholder and multiple insurers concerning the availability of coverage for a securities class action and creditors' committee lawsuits.
  • Representing an insurer in a $20 million arbitration dispute with a policyholder over the interpretation of pollution-related endorsements contained in umbrella excess policies.
  • Representing an insurer in connection with a multi-million-dollar arbitration concerning a dispute with a policyholder engineering firm under an architects and engineers professional liability policy.
  • Representing an insurer in a multi-insurer arbitration involving allocation of a million-dollar settlement payment under an accountants professional liability policy.
  • Representing an insurer in a multi-million-dollar arbitration demand concerning existence of coverage for contamination of food products, including dispute over arbitrability of issues.
  • Representing insurers in litigation regarding arbitrability under the Federal Arbitration Act and under state arbitration statutes and successfully moving to stay and/or dismiss litigation where the contracts required arbitration.
  • Representing insurers in disputes with managing general agents involving breaches of the managing general agency agreement, failure to adhere to underwriting guidelines, and/or claims handling mistakes.
  • Representing reinsurers and ceding insurers in addressing the complex issues that arise under treaty and facultative reinsurance agreements including follow the fortunes/follow the settlements, aggregation, and extra-contractual losses.

Our arbitration work is not limited to litigating and arbitrating disputes.  We also counsel clients about the advantages and perceived disadvantages of arbitration, offer advice about selection of arbitrators and neutrals, and regularly are called upon to review, revise, and often draft arbitration provisions for use by our clients.

Our attorneys are familiar with the Federal Arbitration Act and are well versed in comparable arbitration statutes under state law.  Our attorneys appear regularly before arbitrators from the AAA, JAMS, and the AIDA Reinsurance and Insurance Arbitration Society (ARIAS-US).  Our attorneys also hold committee leadership positions on ADR committees with the American Bar Association (ABA) and the Defense Research Institute (DRI) and are active as neutrals and arbitrators in insurance and reinsurance industry disputes.  Our broad exposure to such key industry organizations ensures that our attorneys are very knowledgeable about leading industry arbitrators, mediators, and experts.  Our attorneys also frequently write and speak on ADR topics for a variety of legal and industry publications and organizations.

Contact Us
John D. Cole
202.719.7333 | jcole@wileyrein.com

Sandra Tvarian Stevens
202.719.3229 | sstevens@wileyrein.com


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