On A Need To Know Basis – Are You Helping Or Hurting

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On A Need To Know Basis – Are You Helping Or Hurting Historically, the vast majority of cases filed and heard in subrogation arbitration have involved two-parties.  The reasons are many perhaps most obvious being the bulk of cases are Auto physical damage.  Subsequent to our last edition on ‘impleading’  … what obligation is there … Continued

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Impleading In Arbitration – Your Choice … Your Strategy

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Impleading In Arbitration – Your Choice … Your Strategy Recognizing that arbitrators lack the jurisdiction to make an Award against a party not signatory to arbitration; how do advocates incorporate a seemingly innocuous component into their case argument (a party tied to the accident or loss but not bound to arbitration).  The fact is having … Continued

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Accountability As Applicant – Maintaining Credibility

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Accountability As Applicant – Maintaining Credibility One of the considerations an advocate must make in beginning to formulate what they will present (or write) in their Contentions for their arbitration case is whether or not they will concede some degree of fault for their party regarding the loss.  While we know ‘Admissions and Offers’ in … Continued

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DOES THE ARBITER NEED TO KNOW IMPLEADING IN ARBITRATION

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DOES THE ARBITER NEED TO KNOW IMPLEADING IN ARBITRATION YOUR CHOICE… YOUR STRATEGY Recognizing that arbitrators lack the jurisdiction to make an Award against a party not signatory to arbitration; how do advocates incorporate a seemingly innocuous component into their case argument (a party tied to the accident or loss but not bound to arbitration). … Continued

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The Assortment Of Variables

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The Assortment Of Variables This loss occurred on May 7, 2013 in Anytown, USA.  The weather was clear and their were no road obstructions.  How many subrogation arbitration cases have you seen written with this type of introduction ?  While we will take a look at optional ‘Openings’ for your case presentation in future issues … Continued

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