Binding arbitration clause avoidance Jade Lee asked 2 years ago
Binding arbitration clause avoidance

Which homeowners insurers do not use binding arbitration clauses? Is there a link, resource, etc. I can use to find out?

1 Answers
Shirley Brown Shirley Brown Expert answered 2 years ago

We cannot advise which homeowners carriers have binding arbitration in their contracts. There are far too many (5,954 property insurers in the U.S.). If you are looking for a new carrier, ask the agent about Loss Provisions, and if there is a Binding Arbitration in the contract. Since Binding Arbitration was set as part of a legal contract and approved by the Supreme Court in 1925, it is more than likely that it is included in all insurance, real estate, and contractors insurance policy language. Many people will select arbitration when they are not happy with an offered settlement or response, not realizing that arbitration is like a trial–a verdict is issued, it is binding/final and they, the insurance company, has no further responsibility to continue to pursue any other avenue.

For a policyholder, if you have chosen arbitration and the result is not in your favor, you cannot request any additional recourse from the issuer of the contract, as you have signed your rights away to accept any additional negotiation. You can consult an attorney if you feel you need additional assistance. Our agency warns that if you, as a policyholder, agree to arbitration, you are agreeing to the result being the last word for any disagreement. I hope this helps a bit.