Agreement Arbitrate Document With Insurance In Massachusetts
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FAQ
The Massachusetts Act adopted the central provision of the FAA, which makes both pre and post dispute agreements to arbitrate “valid, enforceable and irrevocable,” except on the grounds for the revocation of other contracts. M.G.L. c. 251 § 1.
Sometimes, the insurance companies, despite weighing the evidence, cannot agree on how fault is apportioned. When that happens, they may choose to resolve your case via arbitration, which can provide a fair and equitable solution for both parties.
In voluntary or non-binding arbitration, the insurer and the policyholder agree to meet with an arbitrator to review the claim. Once the arbitrator makes their decision on the claim, both parties then have the option to accept or reject it. If the decision is ultimately denied, the case can then be appealed.
These cases range from breach of contract or licensing agreements, business torts, and franchise to construction and infrastructure disputes in companies from start-ups to the Fortune 500 in a variety of industries.
The insurance companies might choose to let an arbitrator settle the case when negligence and liability are unclear and ardently contested. This could be the case if: There were no witnesses, or they can no longer be located. The evidence is less than compelling.
Arbitration is less formal than court, though you and the other party may appear at an arbitration hearing, present evidence, or call and question each other's witnesses. An arbitrator or panel makes a decision or award once you've presented your case. The decision is legally binding.
In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if either you didn't understand your rights or your claims fall outside the arbitration provision's scope.
In voluntary or non-binding arbitration, the insurer and the policyholder agree to meet with an arbitrator to review the claim. Once the arbitrator makes their decision on the claim, both parties then have the option to accept or reject it. If the decision is ultimately denied, the case can then be appealed.
