THE YEAR IN REVIEW: IT WAS TWO KEYNOTE TOPICS OVER 12 MONTHS

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THE YEAR IN REVIEW: IT WAS TWO KEYNOTE TOPICS OVER 12 MONTHS THE YEAR IN REVIEW IT WAS TWO KEYNOTE TOPICS OVER 12 MONTHS    Damages !  That’s where we started 2018 with the Blog.  It took six months and 24 issues but we tried to put together a compendium for all things Material Damage advocacy.  We … Continued

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THEORY & PRACTICE: DID WE PROVE THE PRACTICE PART MATTERS ?

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THEORY & PRACTICE: DID WE PROVE THE PRACTICE PART MATTERS ? THEORY & PRACTICE DID WE PROVE THE PRACTICE PART MATTERS ?   Closing up our series on Theory and Practice in subrogation arbitration … perhaps only appropriate that we address the Practice part.  So what does the practice of Arbitration mean anyway ?  Well … Continued

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THEORY & PRACTICE: DID WE PROVE THE THEORY PART MATTERS ?

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THEORY & PRACTICE: DID WE PROVE THE THEORY PART MATTERS ? THEORY & PRACTICE DID WE PROVE THE THEORY PART MATTERS ?   Our most recent edition was a reminder for advocates that presenting to the Arbitrator the facts of what happened can be the first element of case theory.  It was also a subtle … Continued

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THEORY & PRACTICE: ARE YOU CONFUSING THEME FOR THEORY ?

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THEORY & PRACTICE: ARE YOU CONFUSING THEME FOR THEORY ? THEORY & PRACTICE ARE YOU CONFUSING THEME FOR THEORY ?   Your insured travelling along the freeway heading home from work when the traffic in front stops and he is rear-ended by the adverse party.  The damage is significant and you present the adverse driver … Continued

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THEORY & PRACTICE: CONTENT, CONTEXT, DETAILS AND ASSURANCE

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THEORY & PRACTICE: CONTENT, CONTEXT, DETAILS AND ASSURANCE THEORY & PRACTICE CONTENT, CONTEXT, DETAILS AND ASSURANCE   Clearly, the primary role of an Arbitrator is to determine the truth of what happened regarding the dispute or loss.  We know that the vast majority of cases in subrogation arbitration are heard via written-brief only but still … Continued

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THEORY & PRACTICE: SHOULD I NAME ALL PARTIES ?

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THEORY & PRACTICE: SHOULD I NAME ALL PARTIES ? THEORY & PRACTICE SHOULD I NAME ALL PARTIES ?   Talk to Arbitrator’s over the years and especially about multi-party cases and one of the things you’ll hear is … ‘if I had only known.’  What they are probably talking about is the fact that in … Continued

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THEORY & PRACTICE: WHAT DOES A SCENE DIAGRAM PROVE ?

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THEORY & PRACTICE: WHAT DOES A SCENE DIAGRAM PROVE ? THEORY & PRACTICE WHAT DOES A SCENE DIAGRAM PROVE ?   Arbitration advocates know the importance of Demonstrative Evidence as a significant component of presenting cases before Arbitrators.  Of course, this type of proof can take many forms … Diagrams, Photos, Graphs, Maps and even … Continued

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THEORY & PRACTICE: IS THE STATEMENT OF FACTS ENOUGH ?

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THEORY & PRACTICE: IS THE STATEMENT OF FACTS ENOUGH ? THEORY & PRACTICE IS THE STATEMENT OF FACTS ENOUGH ?   You just copied and pasted the traffic code into the case …. reiterated the Facts of the Loss probably taken from some initial Adjusters Notes and offered for the Arbitrator to see the vehicle … Continued

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THEORY & PRACTICE: THREE FUNDAMENTAL STATEMENTS ON YOUR EXPERT

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THEORY & PRACTICE: THREE FUNDAMENTAL STATEMENTS ON YOUR EXPERT THEORY & PRACTICE THREE FUNDAMENTAL STATEMENTS ON YOUR EXPERT   Generally most subrogation arbitration cases do not involve the use of Experts in support of the advocates case.  Granted, Opinion testimony is often offered in the form of a Police Officer’s report or a witness to … Continued

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THEORY & PRACTICE: THE LEVEL OF CONFIDENCE IN ADJUSTERS NOTES

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THEORY & PRACTICE: THE LEVEL OF CONFIDENCE IN ADJUSTERS NOTES THEORY & PRACTICE THE LEVEL OF CONFIDENCE IN ADJUSTERS NOTES   Your summarized comments from the conversations with your insured says he/she was not issued a citation tied to the accident.  Upon receipt of the requested Police Report; it is clear they were charged. You place … Continued

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