Year 2024

KEYING IN ON P.D.I. SUCCESS: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONKEYING IN ON P.D.I. SUCCESS FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Much like teaching courses on Arbitration … contesting an Award post-hearing can come down to ‘how you serve it up’.  As we conclude our discussion on Rule 4-2 … let’s offer some final points in the event … Continued

WHAT WERE THEY BEING ASKED TO DO ? FUNDAMENTALS OF INTERCOMPANY ARBITRATIONWHAT WERE THEY BEING ASKED TO DO ? FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Jurisdictional Errors versus Jurisdictional Exclusions … two terms somewhat related but can mean different things to the Arbitration advocate for when they are applied.  Jurisdictional Errors continue our discussion of Rule … Continued

CLEARING THE CLERICAL HURDLE: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONCLEARING THE CLERICAL HURDLE FUNDAMENTALS OF INTERCOMPANY ARBITRATION    ‘If there just would have been a Statement from the named insured’ … a comment our Team of Arbitration Writers voice frequently in preparing our clients cases for i/c/a (intercompany arbitration).  Makes complete sense as the one person to … Continued

THE ACRONYMS OF DECISION REVIEW: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE ACRONYMS OF DECISION REVIEW FUNDAMENTALS OF INTERCOMPANY ARBITRATION    C & J … PDI … ICA … FAA … it’s almost an alphabet soup of jargon tied to efforts to void or amend a decision in the subrogation arbitration world.  Quick study from last edition and … Continued

APPEALING TO POST-DECISION OPTIONS: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONAPPEALING TO POST-DECISION OPTIONS FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Final and Binding with no right of Rehearing or Appeal.  The consummate language that almost in and of itself defines the Arbitration process.  Part of the Dispute Resolution continuum I was taught on my first day at the American … Continued

THE RESPONSE TO THE NO-SHOW: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE RESPONSE TO THE NO-SHOW FUNDAMENTALS OF INTERCOMPANY ARBITRATION    It would occasionally happen back in the day.  The filing party seeking their Recovery through intercompany Arbitration would actually lose a case where the Respondent did not Answer.  The proverbial ‘Applicant failed to prove’.  I took some … Continued

ADVOCACY THROUGH DOUBT: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONADVOCACY THROUGH DOUBT FUNDAMENTALS OF INTERCOMPANY ARBITRATION    I’ve made sure it is not lost on our Team of Arbitration Writers.  If an adverse party inaccurately or incorrectly argues a Rule in a case we are working and we have the opportunity to address it to our betterment; I … Continued

WE’RE NOT ‘DEFAULTING’ ANYONE: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONWE’RE NOT ‘DEFAULTING’ ANYONE FUNDAMENTALS OF INTERCOMPANY ARBITRATION    It’s an all-time favorite !  It’s the case where the adverse carrier has responded to an Arbitration filing we have made for our client and their sum total liability argument is to remind the Arbitrator of Rule 4-1.  Wait … Continued

POSTING UP ON POST-HEARING RELIEF: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONPOSTING UP ON POST-HEARING RELIEF FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Having the opportunity to avail yourself of Rule 3-9 and post-decision relief as we described last week does require very specific documentation in having the Award reviewed.  As noted; there is a tie-in between Rule 3-9 and … Continued

THE THREE SIXTY ON 3-9: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE THREE SIXTY ON 3-9 FUNDAMENTALS OF INTERCOMPANY ARBITRATION    We mentioned last week the solution that was crafted in concert with the subrogation industry allowing for post-hearing relief on Arbitration decisions involving coverage.  Critically important to remind advocates of the timeframes built into Rule 3-9.  First … Continued