Author Archives: kevin

WE’RE NOT ‘DEFAULTING’ ANYONE: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONWE’RE NOT ‘DEFAULTING’ ANYONE FUNDAMENTALS OF INTERCOMPANY ARBITRATION    It’s an all-time favorite !  It’s the case where the adverse carrier has responded to an Arbitration filing we have made for our client and their sum total liability argument is to remind the Arbitrator of Rule 4-1.  Wait … Continued

POSTING UP ON POST-HEARING RELIEF: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONPOSTING UP ON POST-HEARING RELIEF FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Having the opportunity to avail yourself of Rule 3-9 and post-decision relief as we described last week does require very specific documentation in having the Award reviewed.  As noted; there is a tie-in between Rule 3-9 and … Continued

THE THREE SIXTY ON 3-9: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE THREE SIXTY ON 3-9 FUNDAMENTALS OF INTERCOMPANY ARBITRATION    We mentioned last week the solution that was crafted in concert with the subrogation industry allowing for post-hearing relief on Arbitration decisions involving coverage.  Critically important to remind advocates of the timeframes built into Rule 3-9.  First … Continued

COVERING THE SECOND GO ROUND: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONCOVERING THE SECOND GO ROUND FUNDAMENTALS OF INTERCOMPANY ARBITRATION    As has been said often … the Arbitration process belongs to the parties.  When an Arbitration administering organization gets it totally right with creation of a Rule … it’s nice to see the complementary nature of an … Continued

WE’VE GOT THE BASES ‘COVERED’: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONWE’VE GOT THE BASES ‘COVERED’ FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Last issue we discussed a Rule that while important may not be all that familiar to advocates on a day-to-day basis.  We go from A-ball to the Major Leagues in this edition with discourse on a Rule … Continued

THE OBJECTIVE IS OBJECTIVITY: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE OBJECTIVE IS OBJECTIVITY FUNDAMENTALS OF INTERCOMPANY ARBITRATION    ‘Arbitration is a final and binding process in which a neutral third-party ….’ (full stop).  Those first 13 words recounted more times than I can remember presenting Arbitration courses.  Fact is it is probably the textbook definition of Arbitration … Continued

NOW ‘APPEARING’ … SEVEN TIPS: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONNOW ‘APPEARING’ … SEVEN TIPS FUNDAMENTALS OF INTERCOMPANY ARBITRATION    You have decided to make yourself available via phone for the Arbitration hearing on your subrogation claim.  With the understanding that you are not presenting the full of the case (as much as you like the TV … Continued

THE QUESTION FROM THE ARBITRATOR: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE QUESTION FROM THE ARBITRATOR FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Setting the stage last edition for how an Appearance at an intercompany Arbitration hearing occurs … let’s survey what the guidelines offer for that attendance (albeit telephonically).  The Arbitrator will already have reviewed the case and Evidence.  … Continued

THE ARBITRATOR IS READY FOR YOUR CALL: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE ARBITRATOR IS READY FOR YOUR CALL FUNDAMENTALS OF INTERCOMPANY ARBITRATION    We’ll call it the fourth ‘C’ … if Contentions are based on an advocate being clear, concise and consistent we think adding this fourth ‘C’ makes sense in looking at Rule 3-7.  The … Continued

THE GENIUS OF SUBROGATION ARBITRATION: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE GENIUS OF SUBROGATION ARBITRATION FUNDAMENTALS OF INTERCOMPANY ARBITRATION    There are no Formal Rules of Evidence; there is not a discovery process for the parties in the case and the Arbitrator’s … they accept any and all proofs properly listed and submitted.  Some might say the … Continued