Author Archives: kevin

ARBITRATION RANKINGS (#2) THUMBING OUR WAY THROUGH THE EVIDENCE Question – what kind of Evidence is it that actually never plays a role in the dispute but on which arbitrators heavily rely ?? Your answer takes us to # 2 in our Evidence countdown for subrogation cases. If you thought ‘DEMONSTRATIVE EVIDENCE’ … you are … Continued

ARBITRATION RANKINGS (#3) THUMBING OUR WAY THROUGH THE EVIDENCE Estimates … Copy of the policy … Medical bills that were paid … the Police Report … Proof of payment … all examples of what is known as Documentary Evidence ! These proofs so critical (to well) ‘proving’ your case they come in as # 3 … Continued

ARBITRATION RANKINGS (#4) THUMBING OUR WAY THROUGH THE EVIDENCE ‘I’m sorry … you can’t tell me what someone else said’ … anyone who has watched Law & Order or Judge Judy will recognize this as ‘Hearsay ’and disallowed for the purposes of getting to the truth of the case you are viewing. However, in Arbitration … Continued

ARBITRATION RANKINGS (#5) THUMBING OUR WAY THROUGH THE EVIDENCE From the man on the corner that witnessed the accident; to the Officer that showed up to take the Report and all the way through to your ownEngineer expert … everyone has an Opinion about the way the accident happened. And so it is …coming in … Continued

ARBITRATION RANKINGS (#6) THUMBING OUR WAY THROUGH THE EVIDENCE   Anyone whose watched Law & Order knows the vital importance of Circumstantial Evidence to often proving the guilt of the defendant. There are many reasons why in Criminal Cases this type of Evidence is crucial. However in intercompany arbitration cases; frequently circumstances dictate that this … Continued

ARBITRATION RANKINGS (#7) THUMBING OUR WAY THROUGH THE EVIDENCE   As the College Football season reaches the midway point; many fans interest will be directed at the release of the CFP rankings. Toward that end and with seven (7) issues of our Arbitration Blog remaining in 2015 … we thought we’d rank and take a … Continued

STENCILING YOUR BEST ARBITRATION ATTRIBUTES FOR SUCCESS   This loss happened on ‘x’ at the intersection of Alpha Road and Beta Drive in Anywhere, USA. The weather was clear and there were no visible obstructions. Perhaps, the most used ‘template’ of all-time in the introduction of ones Contentions in intercompany arbitration ! One of the … Continued

SYSTEMATIC ARBITRATION THE SUBJECTIVE / OBJECTIVE JUXTAPOSITION   Now granted you may or may not be one of those carriers that files tens of thousands of cases a year in subrogation arbitration; you may be a company that submits less than a hundred or a self-insured that mostly answers as Respondent to avoid having to … Continued

  So what is the difference; isn’t the fact that Arbitration is a “process” really all we need to know and then we make it work for successful Recoveries and reduced Payouts in the intercompany arbitration world ? Well actually; you can break it down a bit further from that. True; there is the process of Arbitration. … Continued

PROCESS WITHIN THE PROCESS THE PRACTICE OF ARBITRATION PROCESS WITHIN THE PROCESS THE PRACTICE OF ARBITRATION   One of the very first processes I came to know in working with insurance companies in their use of intercompany arbitration had to do with how cases filed against them (being named Respondent) would be handled when the … Continued