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Old 02-14-2018, 04:43 PM
 
14,415 posts, read 14,337,086 times
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Quote:
Originally Posted by howard555 View Post
Would a mediator chuckle under their breath if he or she arrived & the two parties were 4-5 thousand apart?
(Mediator A: "These two parties could not settle this small difference without me" "Easy money in my pocket" )
He might. The important thing to remember is that a mediator cannot make anyone do anything. He can point out the advantages of a settlement to both sides, but he cannot force them to settle.
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Old 02-22-2018, 07:10 AM
 
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Once suit it filed there can be at least two options for the insurance company: pass the case along to a litigation adjuster or a defense attorney. Which one of those would take the least amount of time to make contact. Thanks.
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Old 02-22-2018, 09:19 AM
 
Location: Denver CO
24,201 posts, read 19,243,047 times
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Quote:
Originally Posted by howard555 View Post
Once suit it filed there can be at least two options for the insurance company: pass the case along to a litigation adjuster or a defense attorney. Which one of those would take the least amount of time to make contact. Thanks.
False.

Once a suit is filed and served, it goes to a defense attorney. Who handles the claim within the insurance company is a separate matter, but there is still a claim rep on a case once it goes into suit along with a defense attorney. It's not either/or.
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Old 02-22-2018, 09:58 AM
 
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Originally Posted by emm74 View Post
False.

Once a suit is filed and served, it goes to a defense attorney. Who handles the claim within the insurance company is a separate matter, but there is still a claim rep on a case once it goes into suit along with a defense attorney. It's not either/or.
Per other websites some large firms have a litigation adjuster who may take a look at the claim and try to settle it before it reaches a defense attorney. Why is that not true when a claim has reached a standoff and the adjuster who has the claim now may not have the authority to try to settle the claim any further. Thus another higher adjuster takes a look.
------------------
Federated National review for the position responsibilities and requirements for the position of Litigation Adjuster.
• Works with defense counsel on claims in litigation to achieve favorable outcomes
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Old 02-22-2018, 11:33 AM
 
Location: Denver CO
24,201 posts, read 19,243,047 times
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Quote:
Originally Posted by howard555 View Post
Per other websites some large firms have a litigation adjuster who may take a look at the claim and try to settle it before it reaches a defense attorney. Why is that not true when a claim has reached a standoff and the adjuster who has the claim now may not have the authority to try to settle the claim any further. Thus another higher adjuster takes a look.
------------------
Federated National review for the position responsibilities and requirements for the position of Litigation Adjuster.
• Works with defense counsel on claims in litigation to achieve favorable outcomes
Yes, works with defense counsel, not instead of. Once a complaint is served, there is a limited time period to respond to it, and it gets sent to counsel to make sure it's answered promptly. The insurance company could try to settle one last time, but that would be a very time limited thing, like one single phone call and if it doesn't settle right then and there, with the plaintiff attorney agreeing to file a voluntary stipulation of dismissal with prejudice, it has to go to defense counsel.
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Old 02-23-2018, 04:46 PM
 
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Originally Posted by emm74 View Post
Once a complaint is served, there is a limited time period to respond to it, and it gets sent to counsel to make sure it's answered promptly.
Filed about 3 weeks ago. It's someone's turn to do something. Too bad the documents do not explain to the defendant that they could be liable for any award in excess of the limits such that they might call their agency and inquire as to what their insurance company can do currently to resolve the matter short of a courthouse.
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Old 02-23-2018, 06:32 PM
 
Location: Denver CO
24,201 posts, read 19,243,047 times
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Quote:
Originally Posted by howard555 View Post
Filed about 3 weeks ago. It's someone's turn to do something. Too bad the documents do not explain to the defendant that they could be liable for any award in excess of the limits such that they might call their agency and inquire as to what their insurance company can do currently to resolve the matter short of a courthouse.
Just like your attorney explained to you that just because you filed suit doesn't automatically mean your case is worth more. You could go all the way through a trial and end up getting less than the current offer.
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Old 02-25-2018, 04:59 PM
 
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What is thought to be able to be obtained by deposing a doctor for example, when he or she can prepare for the deposition. By carefully and thoroughly reviewing their notes. And those records were in the hands of the insurance company long before suit was filed. How can a deposition last two hours? What types of questions are asked and surely some of them are trick questions.
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Old 02-26-2018, 08:46 AM
 
5,888 posts, read 3,231,224 times
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Quote:
Originally Posted by howard555 View Post
Would a mediator chuckle under their breath if he or she arrived & the two parties were 4-5 thousand apart?
(Mediator A: "These two parties could not settle this small difference without me" "Easy money in my pocket" )
Last time I went to arbitration the fee itself was $4k. Three hour session.
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Old 02-26-2018, 01:06 PM
 
14,496 posts, read 20,693,049 times
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Originally Posted by phantompilot View Post
Last time I went to arbitration the fee itself was $4k. Three hour session.
I can not imagine a mediation event (if that is different than arbitration) taking longer than one hour. The parties "differences" are too clear and very obvious.
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