Year 2016

SUBROGATION ARBITRATION IN 2016 1 YEAR …. 47 ISSUES …. 14,100 WORDS Looking back over a years worth of intercompany arbitration writing … let’s take a quick look at all those topics covered hitting the high notes for what should be remembered. We started off 2016 talking about Special Arbitration; perhaps an underused forum that … Continued

CONFLICTING VIEWS OF THE INTERVIEW HOW AM I GOING TO DEFEAT YOUR ARB. Almost since it’s creation … a fundamental tenet of intercompany arbitration is the lack of the exchange of Evidence between parties subject of the hearing. Because of that (unless the parties trade proofs willingly); it is understood that you may not have … Continued

BASICALLY … THAT’S NOT GOING TO WORK HOW AM I GOING TO DEFEAT YOUR ARB. One of the most fun parts of teaching Contentions writing for intercompany Arbitration over the years is where you arrive at the part of the curriculum of words ‘to use’ and words ‘not to use’ in the content of your … Continued

GLOSSING OVER THOSE DETAILS ? HOW AM I GOING TO DEFEAT YOUR ARB. The opportunity to cast even marginal doubt with your Witness or insureds Statement can impact the outcome of any Arbitration ! As I continue in my effort to marginalize the reliability of your witness to the accident; I am adding one more … Continued

YOUR WITNESS AT A DISCOUNT ? HOW AM I GOING TO DEFEAT YOUR ARB. ‘You Want To Tell Me Who’s Telling The Truth ?’ … a frequent comment from Judge Judy to an asserted ‘independent’ witness on her courtroom show. And while a rather straightforward proclamation; we know that Arbitrators have to sort credibility with … Continued

IT’S ABOUT BELIEVABILITY HOW AM I GOING TO DEFEAT YOUR ARB. One of the more fundamental tenets almost every Arbitrator applies is what’s known as the ‘Ring True’ approach. Basically it’s a way of looking at competing Evidence and opposing storylines and the Arbitrator arriving at the conclusion of which of these conflicting narratives has … Continued

WITNESS, SPECTATOR OR PARTICIPANT ? HOW AM I GOING TO DEFEAT YOUR ARB. Hopefully, my efforts to undermine your insureds transcribed Statement that you referenced in your Contentions as well as my confronting the submittal of Adjusters Notes before the Arbitrator has the panelist giving thought that ‘you’ have not truly proven your case. That … Continued

NOTING THE SHORTFALL IN YOUR NOTES HOW AM I GOING TO DEFEAT YOUR ARB   Having viewed your list of Declared Evidence for the arbitration docket and seen ‘Adjusters Notes’ listed … my ability to attempt to discount those in the eyes of the Arbitrator is based (in part) on reading your Contentions. As we … Continued

ADJUSTING YOUR NOTES HOW AM I GOING TO DEFEAT YOUR ARB. Having looked at what you said or did not say about your insureds Recorded Statement (R/S) in the Contentions; I now head back to your list of Declared Evidence for my next point of attack on your case. What am I looking for ? … Continued

THE STATEMENT YOUR STATEMENT MAKES HOW AM I GOING TO DEFEAT YOUR ARB. Having made a concentrated effort to overcome your Demonstrative Exhibits whether those be Scene Diagrams or Photos relating to the loss … I am now turning my attention to the ensuing stage of ‘How Am I Going To Defeat Your Arb.’ ! … Continued