Author Archives: kevin

THE OPTICS OF DAMAGES TRANSPARENCY: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE OPTICS OF DAMAGES TRANSPARENCY FUNDAMENTALS OF INTERCOMPANY ARBITRATION    I’ll admit straight-away … my favorite Damages argument in intercompany Arbitration (i/c/a) was the often seen; ‘We Contest All Damages’.  Not sure why but it occurred to me so … we’re not entitled to anything despite the … Continued

IT EVEN HAS ITS OWN RULE: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONIT EVEN HAS ITS OWN RULE FUNDAMENTALS OF INTERCOMPANY ARBITRATION    It became such an issue in intercompany Arbitration (i/c/a) that eventually it had to have its own Rule.  What’s that you say … a Rule of its very own.  That would be Damages.  Back in … Continued

OPTIONS ON THAT DENIAL: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONOPTIONS ON THAT DENIAL FUNDAMENTALS OF INTERCOMPANY ARBITRATION    As we’ve mentioned … when it comes to Coverage issues impacting your ability for subrogation recovery in intercompany Arbitration it is often beneficial to think in terms of strategy.  After all it was Albert Einstein who said … ‘you … Continued

THE ‘IN’ AND ‘OUT’ OF JURISDICTION: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE ‘IN’ AND ‘OUT’ OF JURISDICTION FUNDAMENTALS OF INTERCOMPANY ARBITRATION    It happens … happens at our firm occasionally.  We file the client’s case in intercompany Arbitration.  Respondent does their due diligence with a proper Denial of Coverage letter and off our file goes to our … Continued

COVERAGE WAS THE ISSUE: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONCOVERAGE WAS THE ISSUE FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Special Arbitration … that unique forum within the intercompany Arbitration framework !  Some are quite familiar with it and others; well their companies are not even signatory.  Broad introduction … it was created to resolve third-party contribution cases; Worker’s … Continued

IS THERE EVIDENCE OF DENIAL ? FUNDAMENTALS OF INTERCOMPANY ARBITRATIONIS THERE EVIDENCE OF DENIAL ? FUNDAMENTALS OF INTERCOMPANY ARBITRATION    As with most things in Arbitration; it’s not what you tell the Arbitrator but what you show them.  When it comes to Denial of Coverage as a Jurisdictional Exclusion (J/E); the theorem holds true.  While … Continued

CLAIMING THE DISCLAIMER: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONCLAIMING THE DISCLAIMER FUNDAMENTALS OF INTERCOMPANY ARBITRATION    As mentioned last week; the aspect of Denial of Coverage within the intercompany arbitration framework has been simplified for the last 20 years.  Unlike a Denial of Liability which seems to be rarely responded to in the affirmative at the time … Continued

CONVERGING ON COVERAGE: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONCONVERGING ON COVERAGE FUNDAMENTALS OF INTERCOMPANY ARBITRATION    No Notice; Delayed Notice and Non-Cooperation … if you go back far enough in intercompany arbitration circles you will recall that these used to be pled as Affirmative Defenses (AD’s) / Jurisdictional Exclusions.  This trio of Defenses was there in Article … Continued

UNBURDENING THE APPROACH IN 2025: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONUNBURDENING THE APPROACH FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Thought about it and truth be told why not start off the 13th year of the Arbitration Blog with a topic that is perplexing when it comes to case presentation.  It has to do with liability argument and having … Continued

CONSENT BY THE NUMBERS: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONCONSENT BY THE NUMBERS FUNDAMENTALS OF INTERCOMPANY ARBITRATION    The last issue of the Blog we talked about ‘consent’ of non-signatories to arbitration with thoughts on how to go about securing their agreement to resolve your claim.  One little note that can help (from way back in the … Continued