Author Archives: kevin

CIRCUMSPECT ABOUT CIRCUMSTANTIAL HOW AM I GOING TO DEFEAT YOUR ARB.   Whether it is skid marks in the road complimented by an Adjuster Note that yielded the witness ‘sounded’ untruthful; we know Circumstantial Evidence can take many forms. More importantly; we know it is the ‘totality’ of Circumstantial proofs that matter in support of … Continued

THOSE SPECIAL LEGAL FEES SEEKING RECOVERY FROM THE ARBITER Finishing up our discussion on Legal Fees would not be complete without referencing Special Arbitration. While some carriers and self- insureds are not signatory to that forum; it is worth the reminder for those that are that Legal Fees can be sought when that program is … Continued

GOING BACK INTO ARBITRATION … AND YOU OWE US OUR FEES Back in the day …. many claims professionals will recall when intercompany arbitration allowed for No Notice, Delayed Notice and Non- Cooperation of your insured as actual available Affirmative Defenses per the Arbitration Agreement. These three (3) were truly listed in the Agreement … … Continued

STATUTE OF LIMITATIONS TWO 60’S AND LEGAL FEES   Taking from our last two issues addressing the subject of Legal Fees tied to intercompany arbitration; the advocate take-away is that clearly one needs to distinguish are the Legal Fees sought tied to an inadvertent filing of litigation or within the scope of a case falling … Continued

ARBITRATION REMOVAL COSTS KNOWING WHO & WHERE TO ASK   Occasionally a matter will end up with Suit filed at the Courthouse that should have been placed in arbitration. Conceivably, there may have been rationale that a petition was placed instead of arbitration or it may have been an oversight in consideration of the Rules … Continued

LEGAL FEES WHAT YOU’RE ENTITLED TO IN ARBITRATION ….. and we want our Legal Fees ! A familiar comment from parties in a case to those working the provider side of the arbitration business. The history within the arbitration context of what a party is and is not entitled to when it comes to Attorney’s … Continued

SPECIAL ARBITRATION WRAP UP THE 5 THINGS TO ALWAYS CONSIDER Looking at litmus tests for Special Arbitration use; presenting cases within the three (3) distinct types of disputes and transitioning to effective case advocacy with Evidence … what are five (5) key takeaways from our series on this forum: 1.) – always ensure the adverse … Continued

SPECIAL EVIDENCE …. SPECIAL ARBITRATION PROVING WORKERS COMP. RECOVERY   Pursuing Recovery in a Workers Compensation matter submitted to Special Arbitration necessitates Evidence considerations that an advocate may not routinely identify in other subrogation cases. As mentioned in prior Blogs; inclusion of state statute demonstrating the right-to- recovery should receive top consideration as Evidence. Beyond … Continued

WORKING THE COMPENSATION DEFENSE THOUGHTS ON CO. # 2 IN SPECIAL ARBITRATION Whether Company # 2; # 3 or # 4 answering a Special Arbitration case provides some unique dynamics and implementation of strategy you may not have deployed elsewhere in your intercompany arbitration activity. For starters; you simply must ensure that the filing carrier … Continued

WORKING THE COMPENSATION RECOVERY THOUGHTS ON CO. # 1 IN SPECIAL ARBITRATION 1st to 3rd is one of those litmus tests we discussed a couple of issues back that help claim professionals know if their claim qualifies for use of Special Arbitration. Recovering Workers Compensation payments meets the 1st party payment seeking 3rd party reimbursement … Continued