News

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

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

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

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

THEORY & PRACTICE: RELAXING THE TWO-PARTY / MULTI-PARTY DICHOTOMY THEORY & PRACTICE RELAXING THE TWO PARTY / MULTI-PARTY DICHOTOMY   Those who’ve been around the subrogation arbitration process know that the vast majority of cases Heard are two-party disputes; pretty straightforward Applicant vs. Respondent with maybe a Counterclaim involved.  This can lead to a somewhat … Continued