Year 2016

PROCEEDING OUTSIDE THE NORM FINALIZING THE AGREEMENT It is understood by every subrogation professional that cases are submitted to i/c/a under executed Arbitration Agreements. But in our series discussion of the one ‘ad hoc’ case where you are going outside traditional i/c/a and have (per our Blogs) arrived at the arbitration organization you will use; … Continued

WHO SHOULD DECIDE ? IDENTIFYING AND SELECTING THE ARBITRATOR Agreeing to Arbitrate with a non-signatory … you have identified a couple of arbitration organizations to consider and reviewed the Rules and Fee Schedules. Perhaps, the last and biggest consideration you need to account for is …. WHO is going to decide the case ? Now, … Continued

KNOW BEFORE YOU GO EXPLORING ARBITRATION FEE SCHEDULES You have successfully identified a set of Rules that will allow your Arbitration case with a non-signatory to proceed. You and the adverse party have agreed to go outside of the traditional i/c/a process and have the matter heard. The next consideration is going to be Cost. … Continued

ARBITRATING WITH THE NON-SIGNATORY IDENTIFYING THE RULES TO GOVERN YOUR CASE As someone who has Reffed little Girls basketball for years; one of the first considerations is ensuring the Rules for the age group you are officiating. Different age groups; different Rules. Similarly, in shopping for an alternate Arbitration provider to handle your “one” case … Continued

CELEBRATING ISSUE # 200 YOUR BEST ADVOCACY IN 163 WORDS 60,000 words since April of 2012 on intercompany arbitration ! That’s 200 issues of ‘Case Presentation 101’ sharing, prompting and encouraging your success with a process fundamental to the insurance industry ! Let’s take edition # 200 and look back condensing all of that into … Continued

SECURING INTEREST TO PROCEED SHOPPING ARBITRATION ?   The claim representative for the adverse carrier has indicated interest to you in looking at the possibility of Arbitration to resolve the subrogation claim; however they insist on using an alternate Arbitration provider to traditional intercompany arbitration. So … what to do next ? Last week; we … Continued

STILL WANT TO ARBITRATE ? OPTION # 2 IS ACTUALLY FIVE Asking the adverse carriers representative if they would be willing to consider use of intercompany arbitration when they are not a Member can lead you several directions based on what we discussed in our last Blog. Here are things to look for given that … Continued

NOT A MEMBER; NOT A PROBLEM ? OPTION # 1 ON THE ROAD TO ARBITRATION The options available to you when finding out the adverse carrier or self-insured is not a Member of intercompany arbitration (i/c/a) are actually more than one might first think. Obviously, sending the file to counsel remains a possibility but what … Continued

ROADBLOCK AT MEMBERSHIP LOOKING FOR ALTERNATE ROUTES While rare it is possible that you may come across a subrogation claim where intercompany arbitration is not available to you as a means to conclude the dispute. So what happened ? Years of involvement with the process offered some common themes or scenarios that would present themselves. … Continued

CIRCUMSPECT ABOUT CIRCUMSTANTIAL HOW AM I GOING TO DEFEAT YOUR ARB.   Whether it is skid marks in the road complimented by an Adjuster Note that yielded the witness ‘sounded’ untruthful; we know Circumstantial Evidence can take many forms. More importantly; we know it is the ‘totality’ of Circumstantial proofs that matter in support of … Continued