Author Archives: kevin

THE INNOCENT INCIDENT: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE INNOCENT INCIDENT FUNDAMENTALS OF INTERCOMPANY ARBITRATION    The insured … they were just sitting there !  All alone when … ‘bam’ and the car was tossed off the roadway by a collision between two other vehicles.  $ 6400 in damages and neither of the other two parties concede … Continued

YES; WE ARE DEFINITELY ENTITLED: FUNDAMENTALS OF INTERCOMPANY ARBITRATION YES; WE ARE DEFINITELY ENTITLED FUNDAMENTALS OF INTERCOMPANY ARBITRATION    As an advocate for your Recovery efforts … you assert you are allowed certain damages based on an issue in the subrogation case or a legal doctrine relevant to the fact pattern.  You want to ensure … Continued

ARBITRATION IN THE AFFIRMATIVE: FUNDAMENTALS OF INTERCOMPANY ARBITRATION ARBITRATION IN THE AFFIRMATIVE FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Affirmation …. noted that it is the action or process of validating that something you declared to be true.  But if you have children … it is also the emotional support or encouragement you offer them.  We’re going … Continued

LEGAL FEES AND AWARD ENFORCEMENT: FUNDAMENTALS OF INTERCOMPANY ARBITRATION LEGAL FEES AND AWARD ENFORCEMENT FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Completing our discussion on Legal Fees tied to our Fundamentals of i/c/a series necessitates one final observation on where a party can request these.  That would be the situation where an Award remains unpaid and a … Continued

OUR ‘COVERAGE’ OF LEGAL FEES: FUNDAMENTALS OF INTERCOMPANY ARBITRATION OUR ‘COVERAGE’ OF LEGAL FEES FUNDAMENTALS OF INTERCOMPANY ARBITRATION    When it comes to actual cases … there are three prominent types of scenarios where Arbitrators in an intercompany arbitration setting can actually Award legal fees.  Please keep in mind the vital distinction between an Arbitrator … Continued

LITIGATION AND LIMITS: FUNDAMENTALS OF INTERCOMPANY ARBITRATION LITIGATION AND LIMITS FUNDAMENTALS OF INTERCOMPANY ARBITRATION    It is pretty straightforward actually … one reason you might still file intercompany arbitration (i/c/a) even when you know it is likely your claim amount will exceed the Respondent’s limits is to truly make the Respondent assert that in answering … Continued

TOLLING AND LIMITS: FUNDAMENTALS OF INTERCOMPANY ARBITRATION TOLLING AND LIMITS FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Last edition in mentioning just how rare it is for Legal Fees to be claimed tied to a intercompany arbitration case; it was instructive that when I ran data on the thousands of cases our firm had filed through mid-year … Continued

A VIEW ON THE PROPER VENUE: FUNDAMENTALS OF INTERCOMPANY ARBITRATION A VIEW ON THE PROPER VENUE FUNDAMENTALS OF INTERCOMPANY ARBITRATION    When we last left you we had just provided a broad introduction to the topic of Legal Fees in intercompany Arbitration.  I can firmly attest after 30 years that the topic rarely comes up … Continued

ARBITRATION JULY 4TH: WE’RE DECLARING THE SIMILARITIES ARBITRATION <> JULY 4TH WE’RE DECLARING THE SIMILARITIES   Let’s have some FUN word association with Arbitration as our country celebrates its Birthday.  Just give your best guess to the Arbitration word that most matches the Declaration of Independence phrase.  Answers at the end.  a.) The Constitution is … Continued

AT EASE WITH LEGAL FEES: FUNDAMENTALS OF INTERCOMPANY ARBITRATION AT EASE WITH LEGAL FEES FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Had to be one of my favorite phone discussions would revolve around Condition Precedent and that … ‘if the other party makes us file Arbitration on this claim; we’re just going to request our Filing Fee’.  … Continued