Article
Understanding Insurance Issues in Securities Arbitration and Mediation
New York Law Journal
(2017)
Abstract
Insurance issues often influence the outcome of securities arbitrations and mediations, yet the workings of errors and omissions insurance is not fully understood by many lawyers, arbitrators and mediators. In fact, insurance information is generally not disclosable in securities arbitration, and is considered confidential information by many broker-dealers and insurance industry professionals. The overwhelming majority of securities arbitrations are litigated before the Financial Industry Regulatory Authority (FINRA). Yet the FINRA Discovery Guide does not require disclosure of insurance information in customer arbitrations, although a proposal has been floated which would make the respondent’s insurance coverage potentially discoverable. This article discusses common coverage issues which may be of strategic significance. It also discusses conflicts of interest and other ethical issues which may affect case resolution.
Disciplines
Publication Date
August 22, 2017
Citation Information
Barry R. Temkin, Atea Martin and James Yellen. "Understanding Insurance Issues in Securities Arbitration and Mediation" New York Law Journal Vol. 258 Iss. 37 (2017) Available at: http://works.bepress.com/barry_temkin/50/