What is AmWins?
AmWins is the largest wholesale broker in the U.S. and is one of the main sources of one-sided arbitration agreements in insurance policies. It produces both AmRisc and Velocity arbitration insurance programs that force businesses, school districts and municipalities to resolve insurance disputes in venues far from the location of the property.
What Types of Properties Does the AmWins Program Target?
Multi-Family and Residential
- Apartments
- Condominiums
- Townhouses
- High-value homes
- Mobile home parks
Public Entities
- Municipal government
- Special districts
- Educational institutions
Commercial
- Shopping malls
- Strip shopping centers
- Single tenant retail locations
- Office buildings
- Restaurants
- Churches
- Grocery stores
- Auto dealerships
- Movie theaters
- Car washes
- Self-storage
- Stadiums
- Convention centers
- Medical Facilities
- Hospitality Facilities
What Exactly Does AmWins Do
Underwriting
Amwins Underwriting underwrites policies for its insurance industry customers, which means it determines which properties foreign insurance companies should insure.
Brokerage
AmWins Brokerage is a surplus lines broker, which means it can sell insurance policies issued by foreign insurance companies. AmWins is also involved in managing claims arising out of those policies. In other words, AmWins decides which properties to insurer, sells those policies, and then manages claims arising under those policies – all so that foreign insurance companies can transact business in locations where they are not admitted.
AmWins Experience/Arbitration Clause
The AmWins arbitration clause has appeared in policies administered by both AmRisc and Velocity, but produced and brokered by AmWins. We have represented a number of clients – hotel owners, apartment complexes and condominiums, school districts and more – who were issued AmWins brokered policies that contained one-sided arbitration clauses. Many of these policies contained mandatory, binding arbitration clauses requiring the arbitration hearing take place in Nashville, TN or New York City, and did not allow awards for exemplary, punitive, multiple, or other damages of a similar nature. There was a major difference in how parties should bear costs—with some clauses stating that the parties must bear their own costs, expenses, and attorney’s fees, while others left all costs up to the discretion of the Arbitration Tribunal.
What Should You Do If Your Insurance Policy Contains an Unfair Arbitration Clause?
Our firm has litigated many cases involving these one-sided insurance arbitration clauses. We know what arguments work, and which ones that don’t. Because time is of the essence with any insurance claim, it is critical for you to hire counsel who understands these issues at the outset of your claim. If not, you risk wasting months or even years by pursuing your claim in the wrong forum.