Author Archives: kevin

GETTING DEFENSIVE ABOUT ARBITRATION PART SIX: POLICE REPORTS AND PROBATIVE VALUE GETTING DEFENSIVE ABOUT ARBITRATION PART SIX: POLICE REPORTS AND PROBATIVE VALUE    You’ve read the Report … you know that the Officer’s narrative tilts in favor of the Applicant yet your Theory is that the loss did not occur in the way the Recovering … Continued

GETTING DEFENSIVE ABOUT ARBITRATION PART FIVE: MENTIONING EVIDENCE NOT MENTIONED GETTING DEFENSIVE ABOUT ARBITRATION PART FIVE: MENTIONING EVIDENCE NOT MENTIONED    You know there is a Police Report but the Applicant did not include it in their list of Evidence items in the Arbitration case.  Hmm ?  Would could that mean and what do you … Continued

GETTING DEFENSIVE ABOUT ARBITRATION PART FOUR: ABOUT THAT POLICE REPORT GETTING DEFENSIVE ABOUT ARBITRATION PART FOUR: ABOUT THAT POLICE REPORT    Last edition we talked about the importance of the Respondent in the arbitration setting reviewing ‘the list’ of Evidence items the Applicant is presenting before the Arbitrator.  The rationale being it is beneficial to … Continued

GETTING DEFENSIVE ABOUT ARBITRATION PART THREE: NED ISAKOFF & ‘THE LIST’ GETTING DEFENSIVE ABOUT ARBITRATION PART THREE: NED ISAKOFF & ‘THE LIST’    Granted as the years go by … referencing Seinfeld episodes perhaps not the best analogies in trying to stress a point.  After all, that was 25 years ago !  Still … drawing … Continued

GETTING DEFENSIVE ABOUT ARBITRATION PART TWO: THE FACT OF THE MATTER GETTING DEFENSIVE ABOUT ARBITRATION PART TWO: THE FACT OF THE MATTER    Putting forth your company’s most productive Respondent argument places a premium on your accomplishing a couple of things before you begin to write (or type) your Contentions.  Last week we talked about … Continued

GETTING DEFENSIVE ABOUT ARBITRATION PART ONE: THE COPY AND PASTE GETTING DEFENSIVE ABOUT ARBITRATION PART ONE: THE COPY AND PASTE    Granted we spend a great deal of time in this Blog discussing how subrogation specialists can prevail in their Arbitration cases; bringing those Recoveries back in the door.  But, to be fair … we … Continued

THE PANEL OF THREE: A UNANIMOUS VOTE IN SUPPORT THE PANEL OF THREE A UNANIMOUS VOTE IN SUPPORT    Let me ask straight up !  You’ve been around the subrogation intercompany arbitration process for awhile … maybe a few months or maybe a few decades; you might even serve as an Arbitrator.  But let me … Continued

MAKE IT EASY ON THE ARBITRATOR: CAN I GET A NAME PLEASE ? MAKE IT EASY ON THE ARBITRATOR CAN I GET A NAME PLEASE ?    You use it when you show up at check-in for a restaurant.  You’ll notice it Sunday watching the Super Bowl.  What’s that you ask ?  It’s referencing a … Continued

CRUMBLING THEIR CREDIBILITY: THREE STEPS TO WEAKEN THE ADVERSE WITNESS CRUMBLING THEIR CREDIBILITY THREE STEPS TO WEAKEN THE ADVERSE WITNESS    It can be a challenge in the arbitration setting for the advocate to try and address the witness provided by the adverse party at hearing.  Fact is with lack of ‘live’ testimony (for the … Continued

FORTIFYING YOUR WITNESS: THREE THOUGHTS TOWARD ARBITRATOR RELIANCE FORTIFYING YOUR WITNESS THREE THOUGHTS TOWARD ARBITRATOR RELIANCE    When you are writing your Contentions and about to reach the point when you want to ingrain (or embed) the Statement of your witness; what are some best practices to strengthen their credibility.  Granted always distinguish the difference … Continued