AF recently facilitated its latest Filer/Responder workshops on August 21 and 22, with 212 member company representatives in attendance. The purpose of these workshops is to drive decision quality by:

• Sharing information to improve filing and responding effectiveness. 
• Answering questions attendees have regarding filing and responding workflows and procedures.

The following key takeaways were discussed during the August workshops:

Occurrence Refiles

• Occurrence refiles allow the Recovering Party to request a refiling of the arbitration when:
  • The loss involves only two parties. 
  • The filing was ruled out of jurisdiction. 
• A refile will not be allowed when a liability and/or damage decision has been made and the filing has not been ruled out of jurisdiction. 

Post-Decision Inquiry Review

• Before submitting a post-decision inquiry, the decision should be fully reviewed to determine whether a clerical or jurisdictional error was made. Inquiries are often submitted seeking clarification when the arbitrator has addressed an issue in the disputed damages justification or evidence comments.
• Common reasons the decision does not qualify for an inquiry include the following:
  • No award was granted when the proven negligence does not allow for an award based on the loss state’s negligence laws.
  • The Recovering Company is accused of not proving liability when no alternative liability theory is presented in response to the filing. The Responding Company has the same obligation as the Recovering Company to prove its liability position with supporting evidence. Simply arguing the Recovering Company did not prove its case is not a specific and supported challenge to liability.
  • Policy limits acceptance is agreed upon. This option is available under Decision Actions if there are no additional exposures named in the filing. 

Rebuttal Arguments and Evidence

• Rebuttal arguments should address the specific exclusion or damage dispute.
• Evidence attached to a rebuttal should strengthen the rebuttal argument.
• Evidence that was mistakenly not attached to the initial filing to support the damages sought may not be attached on a rebuttal. 

Concurrent Coverage and Deductibles

• The Recovering Company is to include its deductible amount in both the Auto Damage section and the Deductible section (this is due to a current TRS issue). 
• Both the Recovering and Responding Companies will need to enter their deductible since there is concurrent coverage. The lower of the two deductibles would apply to the award. 

Quick Tips

• E-Subro Hub
  • Negotiations are not considered binding in arbitration. 
  • When argued, evidence supporting the parties involved and the negotiated settlement should be submitted as evidence. 
• Writing Arguments    
  • Remember, the arbitrator is your audience when arguing liability, damages, or entering a rebuttal.
  • Arguments should be clear and concise and explain the evidence that supports your position.