Popular wisdom suggests that very few litigated liability cases do not involve an insurer. These cases range from a compulsory third party insurer in a motor vehicle or workplace personal injury case,1 to a private liability insurer defending a claim against a client insured, to an insurer subrogated to the rights of its insured seeking to recover from a third party. In a time of increasing cost of litigation, it is often only the presence of an insurer that makes a claim worth pursuing.
"Whose party is it anyway? the role of the insured in the mediation process,"
ADR Bulletin: Vol. 1
, Article 1.
Available at: http://epublications.bond.edu.au/adr/vol1/iss8/1