Choose the Right Path: Filing UMPD and UMBI in the Special Arbitration Forum

As previously communicated, AF discontinued the Uninsured Motorists’ Forum on February 17, 2024. As such, disputes wherein an insurer pays a claim under the Uninsured Motorists’ coverage and does not agree with merits of the coverage disclaimer by the adverse insurer are no longer compulsory. 

Uninsured Motorist Bodily Injury (UMBI) and Uninsured Motorist Property Damage (UMPD) have always been heard in the Special Arbitration Forum. UM recovery actions against the tortfeasor’s insurer are compulsory in the Special Arbitration Forum for cases where the Responding Party has coverage. 

The proper path to filing begins with selecting Third-Party Contribution (Special Arb) from the Coverage Group menu, and then opting for Contribution Among Co-defendants from the Right of Recovery menu, as shown below. 

Screenshot of incident details

Screenshot of incident details 
 
Following this path, the next step is to choose the appropriate coverage(s) from the available options:  

Screenshot of Coverages 

If the incorrect path is chosen, for example, Non-Compulsory (Special Arb), the Responding Party will assert the “Filed under wrong coverage” jurisdictional exclusion, and the case will be withdrawn. It will need to be filed correctly. 

Screenshot of incident details

Screenshot of Coverages