Author Archives: kevin

IS THIS THE ANTITHESIS OF ARBITRATION: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONIS THIS THE ANTITHESIS OF ARBITRATION FUNDAMENTALS OF INTERCOMPANY ARBITRATION    My first day at the American Arbitration Association (circa – 1987) … ‘Arbitration is a final and binding process’.  Enough said … even as a case administrator trainee; I got the concept.  Whatever the Arbitrator … Continued

WHY IS IT YOU LOVE ARBITRATION ?: CELEBRATING 600 ISSUES OF PASSIONATE ADVOCACYWHY IS IT YOU LOVE ARBITRATION ? CELEBRATING 600 ISSUES OF PASSIONATE ADVOCACY    Thirteen years and 180,000 words on intercompany Arbitration … if you’ve been along for the ride then you know we are passionate about this process.  But, WHY do we … Continued

ACCOMMODATING YOUR PRODUCT LIABILITY: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONACCOMMODATING YOUR PRODUCT LIABILITY FUNDAMENTALS OF INTERCOMPANY ARBITRATION    It’s been said many times for those with careers in the Arbitration industry … ‘the process belongs to the parties’.  A tenet so simple but says so much for those charged with overseeing the Arbitration Agreements; Rules and procedures.  … Continued

THREE REASONS TO ‘STAY’ AROUND: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHREE REASONS TO ‘STAY’ AROUND FUNDAMENTALS OF INTERCOMPANY ARBITRATION    The principle for Deferments is pretty straight-forward.  We’ve outlined the reasons they are requested following the guidance of Rule 2-10 in the intercompany Arbitration rulebook.  When one thinks about the impact an Award could have on the … Continued

AN OFFENSE BUILT FOR YOUR COVERAGE: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONAN OFFENSE BUILT FOR YOUR COVERAGE FUNDAMENTALS OF INTERCOMPANY ARBITRATION    You may recall a few issues back we recommended that companies participating in intercompany arbitration track on a Report their cases in Deferment.  Our firm does via an Excel sheet including listing the Reason for … Continued

ARE YOU UP FOR THE CHALLENGE ?: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONARE YOU UP FOR THE CHALLENGE ? FUNDAMENTALS OF INTERCOMPANY ARBITRATION    You filed your case into intercompany arbitration … let’s say for $ 15,350 with the Evidence clearly showing the adverse insured blew through the light and totaled out your insured’s vehicle.  Now, you … Continued

RATIONALIZING THE 365 DAY DELAY: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONRATIONALIZING THE 365 DAY DELAY FUNDAMENTALS OF INTERCOMPANY ARBITRATION    We track them … you should too !  What is that you ask ?  Deferments.  Why ?  Many might consider … the case is in abeyance for a year after a Deferment request so it’ll come back … Continued

DECODING THE DEFERMENT PROCESS: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONDECODING THE DEFERMENT PROCESS FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Which comes first within the context of an intercompany Arbitration case being heard; the Arbitrator rules initially on a request for a Deferment OR the Arbiter rules first on a Jurisdictional Exclusion (J/E) offered by the Respondent ?  While … Continued

THE VALUE OF THE TIME-OUT: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE VALUE OF THE TIME-OUT FUNDAMENTALS OF INTERCOMPANY ARBITRATION    It would be accurate to say so much about subrogation arbitration these days is about ‘time’.  Time to file; time to get the cases heard; time to secure payment on the Award.  The next generation coming through … Continued

LET’S BE PROPER ABOUT JURISDICTION: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONLET’S BE PROPER ABOUT JURISDICTION FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Formal Denial of Coverage in intercompany Arbitration has become a lot more (well) … ‘formal’ in recent years.  We discussed this in detail in Arbitration Blogs 566-571.  The Denial issue nicely dovetails into our highlighting Rule 2-8; … Continued