Insurance Mediation & Arbitration in Colorado
Resolve Coverage Disputes with ADR
Construction | Insurance | Business & Commercial | Outdoor Recreation | Employment & Other Civil Matters
Navigate Insurance Complexities & Find Equitable Resolutions
At Rocky Mountain ADR, we work with all parties involved in insurance disputes. Whether you're an insurer, a policyholder, or an insurance professional navigating multi-carrier claims, these conflicts can create significant financial and operational challenges for everyone involved.
Our experienced mediator and arbitrator, Jennifer Arnett, Esq., brings nearly 25 years of experience working with insurance matters from multiple perspectives. With experience as a Chief Litigation Officer of a national property and casualty carrier, outside insurance counsel, and counsel for policy holders, we provide neutral, thorough guidance to help resolve insurance disputes efficiently and fairly.
ADR – A Better Alternative for Insurance Disputes
Providing You With a Path Through Policy Complexities
Mediation and arbitration offer an alternative approach to resolving insurance conflicts, leading to more efficient outcomes than traditional litigation.
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ADR - Resolve insurance conflicts more quickly, often within weeks or months, allowing all parties to move forward.
Litigation - Insurance cases typically proceed through courts for years, delaying resolution for all involved.
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ADR - Reduces expenses through streamlined processes and focused issue resolution.
Litigation - Insurance litigation often involves extensive expert testimony, document production, and prolonged proceedings.
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ADR - Empowers business owners and stakeholders to shape solutions that address their specific commercial needs, priorities, and industry realities.
Litigation - Places critical business decisions in the hands of judges or juries who may not understand industry practices.
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ADR - Protects sensitive policy information, claims history, private policy holder information, and settlement details from public disclosure.
Litigation - Makes disputes part of the public record, potentially affecting future underwriting, rates, or market reputation.
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ADR - Allows customized approaches that address specific insurance needs, including creative solutions for policy interpretation and claim resolution.
Litigation - Follows strict procedural rules that may not effectively address the nuances of insurance matters, limiting the range of possible outcomes.
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ADR - Provides a collaborative environment where insurers and policyholders can maintain relationships.
Litigation - The adversarial process often strains ongoing relationships, potentially affecting future coverage, renewals, and claim handling.
Coverage Disputes
Navigating Policy Interpretation Challenges
Insurance policies contain complex provisions, exclusions, and conditions that can lead to legitimate differences in interpretation between carriers and policyholders. These disagreements often center on whether a specific loss falls within coverage terms or is subject to exclusion under the policy language.
Rocky Mountain ADR helps carriers and policyholders cut through complex coverage questions to reach resolution. We facilitate a process where parties analyze policy language, evaluate coverage positions within the context of Colorado law, and find practical pathways to resolve disputes without protracted litigation. Our approach balances policy interpretation with commercial reality, helping all parties achieve certainty and closure.
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A homeowner and insurance carrier disagree over whether water damage resulted from a covered sudden and accidental discharge or an excluded long-term seepage condition. The parties review policy language, inspection reports, and damage timelines through mediation to reach a negotiated settlement that acknowledges the ambiguity while providing partial coverage for restoration costs.
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A business liability carrier denies coverage based on a professional services exclusion, while the insured maintains the claim involves covered general liability exposure. Through arbitration, a neutral evaluates the policy language, claim elements, and applicable Colorado precedent to determine coverage obligations without the expense and delay of litigation in court.
Bad Faith Claims
Resolving Allegations of Improper Claims Handling
Bad faith disputes arise when insureds allege their carrier failed to fulfill obligations of fair dealing, proper investigation, or reasonable claim evaluation. These emotionally charged disputes can escalate quickly, leading to allegations of coverage, statutory violations, and requests for punitive damages.
With experience on both sides of insurance transactions, Rocky Mountain ADR helps parties separate legitimate claim-handling concerns from coverage disagreements, facilitating objective evaluation of carrier conduct while addressing the insured's underlying claim needs. Our approach creates space for acknowledgment of concerns while seeking practical resolution.
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An insured alleges bad faith based on extended investigation timeframes and delayed communications. Mediation provides a structured environment to review the claim timeline, clarify miscommunications, address the underlying claim, and reach resolution without escalating to litigation.
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When a carrier denies coverage for a business interruption claim, the insured alleges failure to investigate and bad faith. Through arbitration, a neutral examines the claim file, applicable policy provisions, and Colorado insurance standards to determine whether the claim handling met good faith requirements while addressing the underlying coverage question.
Subrogation Claims
Facilitating Recovery Rights Between Insurers
Subrogation disputes involve an insurer's right to recover claim payments from third parties responsible for a loss. These disputes often involve multiple carriers, contested liability, and disagreements about the value of the subrogated interest or validity of the recovery right.
Rocky Mountain ADR helps parties evaluate subrogation claims objectively, focusing on liability evidence, damage documentation, and legal recovery rights to develop proportional resolutions. Our structured approach cuts through complex multi-party dynamics to find efficient paths to closure.
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After accepting the defense of a zipline operator following an injury, the insurer sought subrogation from a product manufacturer’s liability carrier. The dispute focused on whether the tour operator’s procedures or a malfunctioning product caused the accident. A mediator guided the parties and insurance carriers through a focused discussion, leading to a mutually agreeable settlement and avoiding costly litigation.
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A property carrier that paid for water damage repairs seeks recovery from a plumbing contractor's liability insurer, who disputes liability and the scope of repairs. Through arbitration, a neutral evaluates causation evidence, repair documentation, and contractor liability to establish a binding determination on the recovery right and percentage.
1st Party and 3rd Party Claims
Addressing Direct and Liability Coverage Challenges
First-party claims involve direct policy benefits to the insured, while third-party claims involve the insurer's duty to defend and indemnify the insured against claims from others. Each claim type presents different questions regarding coverage scope and obligations.
Rocky Mountain ADR provides a neutral forum where parties can discuss these different claim types and their respective policy provisions. Our mediation and arbitration processes offer a structure for addressing the questions that arise in both first-party and third-party contexts.
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A liability carrier contests its obligation to defend an insured against a third-party claim based on a coverage exclusion while the insured argues the allegations potentially fall within coverage. Through arbitration, a neutral analyzes the complaint allegations against policy language to determine defense obligations under Colorado law while the underlying liability claim proceeds.
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When a carrier denies coverage for a business interruption claim, the insured alleges failure to investigate and bad faith. Through arbitration, a neutral examines the claim file, applicable policy provisions, and Colorado insurance standards to determine whether the claim handling met good faith requirements while addressing the underlying coverage question.
Time On Risk Questions
Determining Coverage Responsibilities Across Policy Periods
Time on risk disputes arise when property damage or bodily injury spans multiple policy periods or involves multiple sequential carriers. These complex allocation questions involve determining when damage occurred, which policies were triggered, and how responsibility should be distributed among successive insurers.
Rocky Mountain ADR helps parties navigate these technically complex disputes by facilitating a collaborative process to analyze damage timing, policy trigger application, and appropriate allocation methods. Our structured approach empowers parties to cut through complexity and find workable allocation solutions without protracted litigation.
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A commercial property with water intrusion damage spanning several years involves multiple carriers disputing their respective time on risk. Through mediation, the insurers establish a timeline of damage progression, which forms the basis for a proportional funding agreement.
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When construction defects cause damage over multiple policy periods, carriers dispute whether coverage is triggered by manifestation, continuous damage, or initial exposure. Through arbitration, a neutral applies Colorado coverage law to establish the appropriate trigger theory and allocation methodology and issues a decision that allocates responsibility.
Number of Occurrences Disputes
Resolving Insurance Occurrence & Related Claims Disputes
Occurrence disputes involve disagreements about whether multiple claims or damages constitute a single occurrence or multiple occurrences under a policy, significantly affecting available limits, deductible application, and total recovery. These technical disputes have significant financial implications for both carriers and insureds.
Rocky Mountain ADR helps parties analyze policy language, causation patterns, and applicable legal tests to determine appropriate occurrence categorization. Our process focuses on policy interpretation principles while recognizing the practical impact these determinations have on all stakeholders.
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A series of related construction defects causes damage to multiple units in a condominium complex, raising questions about whether each unit represents a separate occurrence. Mediation helps the parties evaluate policy language and causation patterns to negotiate a practical resolution addressing coverage and repair needs.
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Multiple homeowners allege harm from a contractor’s failure to perform sufficient compaction and grading before new homes were built, raising questions about whether the claims constitute a single occurrence subject to one policy deductible or multiple occurrences. The parties submit to arbitration, where a neutral third party considers the evidence and arguments presented by the parties involved. The arbitrator determines the number of occurrences issue, ensuring a fair outcome derived from the presented case.
Carrier vs. Carrier Conflicts
Resolving Disputes Between Insurance Companies
Inter-carrier disputes arise when multiple insurers share responsibility for a loss but disagree about the priority of coverage, contribution percentages, or applicable policy provisions. These disputes involve competing "other insurance" clauses, excess/primary relationships, or targeted tenders.
Rocky Mountain ADR brings specialized knowledge of insurance industry practices to help carriers resolve these disputes efficiently, focusing on policy language analysis, coverage priority principles, and equitable contribution frameworks. Our approach allows carriers to resolve conflicts without unnecessary litigation expense or delay.
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Primary and excess carriers disagree about whether the primary policy limits have been exhausted adequately before the excess policy is triggered. Mediation facilitates a detailed review of the underlying claims, settlement allocation, and policy provisions to establish appropriate coverage sequence and obligation timing.
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Two liability insurers provide coverage for the same claim. Their policies have conflicting "other insurance" clauses determining the primary policy. Arbitration allows a neutral third party to analyze the policy language, determine the priority of coverage, and resolve the dispute efficiently, avoiding lengthy litigation between the insurance companies.
Let's Talk.
Take the First Step Towards Resolution.
Experienced. Neutral.
Colorado-Focused.
At Rocky Mountain ADR, we bring nearly 25 years of experience representing all sides in complex disputes. Our founder's background as a Chief Litigation Officer and Wall Street attorney, combined with her deep understanding of Colorado industries, communities, and down-to-earth style, ensures a balanced and insightful approach to resolving your dispute.
Certifications, Associations & Memberships
Real Results in Alternative Dispute Resolution
A Smarter Way to Resolve Insurance Conflicts
At Rocky Mountain ADR, we provide professional, neutral, and knowledgeable mediation and arbitration services for insurance disputes throughout Colorado. We understand the technical language of insurance policies, the dynamics between carriers and policyholders, and the business realities that shape coverage decisions. Whether you're facing policy interpretation challenges, claims handling disputes, or multi-carrier complications, we can help you navigate toward efficient resolution without the uncertainty and expense of traditional litigation.
“I am dedicated to helping you find pragmatic solutions that allow you to move forward with your business and life – efficiently, fairly, and with minimal disruption.” ~ Jennifer Arnett, Esq.