Year 2024

ONE AT A TIME … OR THE SAME TIME: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONONE AT A TIME … OR THE SAME TIME FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Uncertainty … two things about it; one) most folks probably prefer the opposite and two) some might say the beauty of Arbitration.  Specific facts; supportive proofs yet an advocate … Continued

YOUR TRUSTY COMPANION: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONYOUR TRUSTY COMPANION FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Fourteen (14) words … to quote one Scott Van Pelt; ‘that’s it and that’s all’.  The total vocabulary for Rule 2-6 in intercompany arbitration.  The subject covered … Companion Claims.  Back in the day ALL companion claims were heard together if … Continued

THE LAST WORD ON RULE 2-5: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE LAST WORD ON RULE 2-5 FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Kind of feels like we’ve been a Material Witness to the topic of Material Damages (MD) cases (under Rule 2-5) in subrogation arbitration … since we devoted seven (7) issues of the Blog to it.  … Continued

THE ARBITRATOR’S OBLIGATION: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE ARBITRATOR’S OBLIGATION FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Our friends at NASP (the national organization that supports the subrogation industry) are based in Pittsburgh so let’s borrow from their esteemed NFL coach Mike Tomlin … ‘the standard is the standard’ !  But what does that have to do with … Continued

OUR EVIDENCE CLEARLY DEMONSTRATES: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONOUR EVIDENCE CLEARLY DEMONSTRATES FUNDAMENTALS OF INTERCOMPANY ARBITRATION    When it comes to Evidence in Material Damage (MD) Arbitration cases; there are a couple of tips specific to these presentations.  We know that the majority of the proofs submitted in MD filings before Arbiters are considered Documentary Evidence.  … Continued

WE’RE LOOKING TO BE REASONABLE: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONWE’RE LOOKING TO BE REASONABLE FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Reasonable calculations; Reasonable certainty and even Reasonable estimates.  All a part of the lexicon in Arbitration proceedings when it comes to Damages and their Awarding by an Arbiter.  These days in subrogation arbitration the topic of MD … Continued

IT’S NOT QUANTUM PHYSICS … BUT STILL: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONIT’S NOT QUANTUM PHYSICS … BUT STILL FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Those presenting Damages argument in Arbitration need be acquainted with two basic Quantum’s inherent to advocating their position for this issue.  Since we know Quantum to mean a quantity or amount; let’s make … Continued

DOUBLING DOWN ON PRIOR PAYMENTS: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONDOUBLING DOWN ON PRIOR PAYMENTS FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Whether it was the infamous Seinfeld episode or your yearly tradition of completing two (or more) NCAA March Madness brackets … the ‘Double Dip’ can be a real thing.  Even in intercompany arbitration (i/c/a) circles it has … Continued

THE OPTICS OF DAMAGES TRANSPARENCY: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE OPTICS OF DAMAGES TRANSPARENCY FUNDAMENTALS OF INTERCOMPANY ARBITRATION    I’ll admit straight-away … my favorite Damages argument in intercompany Arbitration (i/c/a) was the often seen; ‘We Contest All Damages’.  Not sure why but it occurred to me so … we’re not entitled to anything despite the … Continued

IT EVEN HAS ITS OWN RULE: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONIT EVEN HAS ITS OWN RULE FUNDAMENTALS OF INTERCOMPANY ARBITRATION    It became such an issue in intercompany Arbitration (i/c/a) that eventually it had to have its own Rule.  What’s that you say … a Rule of its very own.  That would be Damages.  Back in … Continued