Author Archives: kevin

EVIDENCE OF CONTRIBUTION RELEASES AND OTHER PROOFS IN SPECIAL ARBITRATION   Evidence in a Special Arbitration Contribution type claim is not that dissimilar from your Proofs in more routine subrogation matters. That said; let’s take into account some specific dynamics one might not consider if this were a more traditional Auto physical damage arbitration case. … Continued

CONTRIBUTING TO YOUR CONTENTIONS INFLUENCING THE ARBITRATOR ON SPECIAL CASES Settling with that Third-party claimant on either a Bodily Injury claim or a Property Damage matter and moving the case to Special Arbitration for Contribution requires of you some ‘special’ (no pun intended) considerations. Here are several quick tips to think about as you prepare … Continued

SPECIAL SATISFACTION COVERING COVERAGE PRESENTATION Presenting your case in Special Arbitration will have some naturally occurring variances you need to take into account. Start off … is this arbitration concerning coverage (policies that were in play); a third-party contribution settlement or is it Workers Comp. recovery. Remember, we are working on the Preponderance of the … Continued

SPECIAL SUCCESS SPECIAL PREPARATION TIPS TO READY YOUR FILING IN ARBITRATION Payment has been issued on our Coverage, Contribution or Workers Compensation scenario and now it’s time to move the file to Special Arbitration. Let’s take a three-part look at preparing our case to go to Special Arb. What do we need to consider in … Continued

REIMBURSING THE COMPANY WORKERS COMPENSATION RECOVERY IN ARBITRATION   The last of our three C’s with regards to the kinds of claims Special Arbitration can be used for is Comp. Workers Compensation recovery is the final chapter in those kind of disputes that a carrier can compel another to Arbitrate under this program. As with … Continued

TIPPING THE CASE TO YOUR FAVOR THOUGHTS ON CONTRIBUTION CASES =The check has been cut; the third-party taken care of and now you are ready to move your case to Special Arbitration. Generally, we understand that cases falling under Contribution scenarios inherent in Special will revolve around liability assessments of the prospective tortfeasors. So here … Continued

CONTRIBUTING TO CLOSED CLAIMS APPORTIONING ARBITRATION   Of all the scenarios for which Special Arbitration can be used … perhaps the most prevalent one which claims professionals need to be cognizant of is Contribution. Quite simply, to reduce the likelihood of litigation by third-parties against your company; to diminish the timeline of back-and-forth dialogue between … Continued

COVERING THE BASICS REACHING SOME CONCURRENCE ON SPECIAL First-party to first-party helps define an advocates ability to resolve coverage disputes through arbitration. Whether it is the extent to which coverage was afforded; the dollar amount actually paid or a Primary/Excess issue … all of these meet the criteria for use of Special Arbitration. Keeping in … Continued

SPECIALIZING IN SPECIAL DECIDING TO ARBITRATE COVERAGE, CONTRIBUTION AND COMP. Identifying the types of cases that can be resolved through Arbitration is certainly the first step to use of Special. As we discussed last week; Coverage issues between first-party carriers; third-party contribution type claims with multiple tortfeasors and recovery of Workers Compensation payments are all … Continued

ARBITRATION RANKINGS (#1) THUMBING OUR WAY THROUGH THE EVIDENCE You were there ? I was. And what did you see ? We have arrived at what we believe to be the # 1 kind of Evidence in intercompany arbitration cases and that is ‘DIRECT EVIDENCE’. What Is It ? Evidence that relates directly to a … Continued