Author Archives: kevin

FORTIFYING YOUR WITNESS: THREE THOUGHTS TOWARD ARBITRATOR RELIANCE FORTIFYING YOUR WITNESS THREE THOUGHTS TOWARD ARBITRATOR RELIANCE    When you are writing your Contentions and about to reach the point when you want to ingrain (or embed) the Statement of your witness; what are some best practices to strengthen their credibility.  Granted always distinguish the difference … Continued

ANYONE NOT LIKE A WITNESS ? LAYING THE FOUNDATION FOR THE LAY WITNESS ANYONE NOT LIKE A WITNESS ? LAYING THE FOUNDATION FOR A LAY WITNESS    Do not know about you … but anytime I come across a subrogation Arbitration case that involves an independent Witness; I sense the case narrative will get ratcheted … Continued

A YEAR’S WORTH OF STORYTELLING: YOUR COMPENDIUM GUIDE FOR CONTENTIONS A YEAR’S WORTH OF STORYTELLING YOUR COMPENDIUM GUIDE FOR CONTENTIONS    Ms. Mays is happy; Pleasant Indemnity is thrilled and of course this Blog is delighted !  We’ve Won our subrogation case in intercompany arbitration and $ 5872 is headed to Pleasant and a $ … Continued

THE PENULTIMATE FINAL CHAPTER: YOUR COMPENDIUM GUIDE FOR CONTENTIONS THE PENULTIMATE FINAL CHAPTER YOUR COMPENDIUM GUIDE FOR CONTENTIONS    Our hypothetical arbitration case involving Veronica Mays is finally heading to Hearing.  It only took a year to prepare our Contentions (this compendium series started the first week of January 2022).  40 issues of the Blog later and … Continued

WHEN THEY FILE ARBITRATION FIRST: YOUR COMPENDIUM GUIDE FOR CONTENTIONS WHEN THEY FILE ARBITRATION FIRST YOUR COMPENDIUM GUIDE FOR CONTENTIONS    Let’s assume (for the sake of discussion) that in our hypothetical Veronica Mays case that the adverse carrier Acrimonious Insurance files first in Arbitration.  They are pursuing their subrogation claim in full belief that … Continued

THE REASONING OVER DAMAGES: YOUR COMPENDIUM GUIDE FOR CONTENTIONS THE REASONING OVER DAMAGES YOUR COMPENDIUM GUIDE FOR CONTENTIONS    The term ‘Reasonable’ … perhaps no expression has seen more use in advocates case presentations in the arena of intercompany arbitration over the last 20 years.  Its connection to Damages disputes in the forum undeniable.  We’d be … Continued

WE REMIND YOU: YOUR COMPENDIUM GUIDE FOR CONTENTIONS WE REMIND YOU YOUR COMPENDIUM GUIDE FOR CONTENTIONS    If you’re kind of addicted to the re-run episodes of Law & Order like we are then you’ve no doubt seen Assistant D.A. Jack McCoy in full throttle mode in his summations before the jury.  One thing you’ll … Continued

SEALING THE DEAL: YOUR COMPENDIUM GUIDE FOR CONTENTIONS SEALING THE DEAL YOUR COMPENDIUM GUIDE FOR CONTENTIONS    Last edition we looked at a very brief example for our Veronica Mays hypothetical case that showcased how advocates can be too brief in their Closing paragraph.  It relayed three distinct concerns every advocate might consider.  Let’s take … Continued

ALL THAT’S LEFT … YOUR CLOSING: YOUR COMPENDIUM GUIDE FOR CONTENTIONS ALL THAT’S LEFT … YOUR CLOSING YOUR COMPENDIUM GUIDE FOR CONTENTIONS    We’ve done the work; we’ve laid out our narrative and pointed the Arbitrator to the Evidence … all in the hope of prevailing in our Veronica Mays hypothetical case.  All we need … Continued

GAPS AND ARBITRATOR SUPPOSITION: YOUR COMPENDIUM GUIDE FOR CONTENTIONS GAPS AND ARBITRATOR SUPPOSITION YOUR COMPENDIUM GUIDE FOR CONTENTIONS    The truth is it can be hard to account for every detail; every nuance for your insureds incident as you lay out your narrative for the Arbitrator.  Fact is … you may not have Evidence to … Continued