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ROADBLOCK AT MEMBERSHIP LOOKING FOR ALTERNATE ROUTES While rare it is possible that you may come across a subrogation claim where intercompany arbitration is not available to you as a means to conclude the dispute. So what happened ? Years of involvement with the process offered some common themes or scenarios that would present themselves. … Continued

CIRCUMSPECT ABOUT CIRCUMSTANTIAL HOW AM I GOING TO DEFEAT YOUR ARB.   Whether it is skid marks in the road complimented by an Adjuster Note that yielded the witness ‘sounded’ untruthful; we know Circumstantial Evidence can take many forms. More importantly; we know it is the ‘totality’ of Circumstantial proofs that matter in support of … Continued

THOSE SPECIAL LEGAL FEES SEEKING RECOVERY FROM THE ARBITER Finishing up our discussion on Legal Fees would not be complete without referencing Special Arbitration. While some carriers and self- insureds are not signatory to that forum; it is worth the reminder for those that are that Legal Fees can be sought when that program is … Continued

GOING BACK INTO ARBITRATION … AND YOU OWE US OUR FEES Back in the day …. many claims professionals will recall when intercompany arbitration allowed for No Notice, Delayed Notice and Non- Cooperation of your insured as actual available Affirmative Defenses per the Arbitration Agreement. These three (3) were truly listed in the Agreement … … Continued

STATUTE OF LIMITATIONS TWO 60’S AND LEGAL FEES   Taking from our last two issues addressing the subject of Legal Fees tied to intercompany arbitration; the advocate take-away is that clearly one needs to distinguish are the Legal Fees sought tied to an inadvertent filing of litigation or within the scope of a case falling … Continued