THE STATE OF OPINION HOW AM I GOING TO DEFEAT YOUR ARB. Appropriate credentialing of your Expert is critical if you are going to establish a foundation with the Arbiter for acceptance of his/her subsequentOpinion Evidence. As mentioned last week; my hope is you have not gone with the ‘Opinion First’ mantra and gone into … Continued
SCOPING OUT YOUR EXPERT HOW AM I GOING TO DEFEAT YOUR ARB. Having read in your Contentions and seen on your list of Declared Evidence the use of an Experts Report … I immediately start thinking about ‘Standards’ and things I hope you have not done. To be certain our analogy here is talking about … Continued
UNDULY INFLUENCED HOW AM I GOING TO DEFEAT YOUR ARB. Clearly, my recent Final Four bracket showed I had an Opinion but was not an …. Expert. We know that Opinion Evidence can have a profound impact on Arbitrator decision-making. Part of that reasoning is that it is deemed Arbitrators have the technical expertise to … Continued
MAKING THAT HEARSAY HARD TO HEAR HOW AM I GOING TO DEFEAT YOUR ARB ‘She nodded in Agreement when the Officer asked her if she didn’t see the Stop sign.’Remarks extracted from the Police Report that were made by my insured that you have placed into Evidence. My job becomes how to discount these comments … Continued
WINNING AT ARBITRATION ALL OR NOTHING Back in the 1990’s when some of the first Reporting took place on intercompany arbitration … one of the primary components to gauge performance constituted the concept of Applicant (or Respondent) Winning percentage. While a fairly basic approach; it did allow a way for carriers to monitor performance … Continued
QUESTIONING THAT HEARSAY HOW AM I GOING TO DEFEAT YOUR ARB. Based on our example in last week’s issue … what’s the one question I am betting you are really hoping I did not ask my insured in taking their Statement ? But of course I asked her … ‘are you aware the Police Report … Continued
MAKING THAT HEARSAY HARD TO HEAR HOW AM I GOING TODEFEAT YOUR ARB. ‘She nodded in Agreement when the Officer asked her if she didn’t see the Stop sign.’ Remarks extracted from the Police Report that were made by my insured that you have placed into Evidence. My job becomes how to discount these comments … Continued
ARE YOU OVER DOCUMENTING ? HOW AM I GOING TO DEFEAT YOUR ARB. Beyond Police Reports; we know that Arbitrators expect to see further Documentary proofs in support of a parties case. My efforts to prevail in the Arbitration will count on a couple of things I’m hoping you have not done when it comes … Continued
I’LL SUBMIT THIS EVIDENCE ANYWAY HOW AM I GOING TO DEFEAT YOUR ARB. While Documentary Evidence portends to prove a fact that is in the Evidence itself; is it the only ‘Fact’ in the case that matters ? Certainly not and it is on that basis that an advocate makes an astute decision to proceed … Continued
JUST THE OFFICERS OPINION HOW AM I GOING TO DEFEAT YOUR ARB. Credibility and Reliability; we know that’s what it comes down to with Documentary Evidence for Arbitrators as they weigh this proof. Police Reports are considered Business Records. Much like other Documentary Evidence they are presented to prove a fact that is in the … Continued