AF recently facilitated its latest filer/responder workshops on February 18 and 20 with 320 member company representatives in attendance. The purpose of these workshops is to drive decision quality by: 

• Sharing information to improve filing and responding effectiveness. 
• Answering questions attendees have regarding filing and responding workflows and procedures. 

The following are key takeaways from the February workshop: 

Deferments

• Offer the arbitrator a clear explanation of the necessity for the deferment.
• Deferment justifications need to be specific and supported by evidence.
• Remember, the arbitrator cannot see any other details or evidence about the case in the deferment hearing. Only the deferment arguments and evidence are available.

Pointing to Evidence Effectively

• The arbitrator is your audience.
• The goal of writing arbitration arguments is to state your case clearly for the arbitrator.
• Briefly highlight key facts and considerations.
• Use no more than three embedded evidence items to bolster your arguments.

Rules 2-1 and 2-5

• Rule 2-1 states, “The recovering company will have the option to revisit the filing should a responding company assert policy limits, an exclusion, a damage dispute, or add a party.”
• The rule permits a revisit with a damage dispute. TRS allows evidence to be attached on the revisit. The revisit evidence will be reviewed by the arbitrator for validity. 
• Rule 2-5: A responding company has the same obligation to attach damage evidence to be shared in the damages section as the filing company.  

Quick Tips

• Do not enter a prior arbitration award payment as a prior payment on a supplemental filing.
• Refer to the most current rules and agreements in your arguments.
• Do not submit or refer to AF articles as evidence.
• If you represent a self-insured entity that provides state minimum limits (i.e., a rental car company), raise the limits during your response to the filing and attach proof of the state minimum limit.
• In a claim for total loss auto damages, properly itemize valuation and/or salvage/owner retained. Do not list them as auto damage as this is for repairs to a vehicle. Include salvage recovery documentation.

Enroll in our next sessions in April and June.