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ARBITRARY TOPICS … RANDOM THOUGHTS: THIS EDITION – DEFAULT VS. NO ONE’S FAULT ARBITRARY TOPICS … RANDOM THOUGHTS THIS EDITION:  DEFAULT VS. NO ONE’S FAULT    One of the trends that’s been interesting to watch as subrogation arbitration case presentation evolves is where a party (or advocate) asserts that, by Rule, the Applicant should not prevail.  They … Continued

ARBITRARY TOPICS … RANDOM THOUGHTS: THIS EDITION – THE BALANCING ACT ARBITRARY TOPICS … RANDOM THOUGHTS THIS EDITION:  THE BALANCING ACT     Empirically we know that Arbitrators do rely on Statements, be they from insureds or witnesses, to understand the fact pattern of a loss and arrive at a decision on the controverted issues.  … Continued

ARBITRARY TOPICS … RANDOM THOUGHTS: THIS EDITION – THE WORD ON WORD VS. WORD ARBITRARY TOPICS … RANDOM THOUGHTS THIS EDITION:  THE WORD ON WORD VS. WORD     We know you’ve seen them … the Decisions from the Arbitrator on subrogation arbitration cases that come back with ‘both drivers statements conflict; absent independent evidence … Continued

ARBITRARY TOPICS … RANDOM THOUGHTS: THIS EDITION – PERSUASIVENESS FOR THE ‘WIN’ ARBITRARY TOPICS … RANDOM THOUGHTS THIS EDITION:  PERSUASIVENESS FOR THE ‘WIN’     Moral Appeal; Development of Trust; Logical Reasoning … all aspects of your offering a Persuasive Case that the Arbitrator signs on for with an Award in your favor.  Time-honored approaches … Continued

ARBITRARY TOPICS … RANDOM THOUGHTS: THIS EDITION – PHOTOGRAPHIC INTENTIONS ARBITRARY TOPICS … RANDOM THOUGHTS THIS EDITION:  PHOTOGRAPHIC INTENTIONS     In full admission that as the Writer of this Blog my years probably exceed that of the Readers … there was a huge rock song back in the day that made the rounds extensively … Continued