Prior Payments – Why the Fuss?

We continue to receive a volume of post-decision inquiries regarding prior payments made to the Recovering company. The following tips aim to help reduce these inquiries and unnecessary award amendments:
  • Responding companies are not to enter a prior arbitration award payment on a filing seeking supplemental damages. Prior payments pertain only to the damages sought in the respective filing.
  • Responding companies should not enter a prior payment to the Recovering company that was recently issued. It does not show cleared/cashed status. 
  • If an arbitrator incorrectly allows credit for a payment that has not been received/accepted by the Recovering company, a post-decision inquiry should not be immediately submitted. The proof of payment evidence is viewable and will show the issued date and other payment details. If the payment is not received within 10–14 days of the decision publication, then an inquiry would be appropriate. Assuming the payment is received/accepted by the Recovering company, the amount can simply be subtracted from the award and only any remaining balance should be paid.
  • Similarly, if an arbitrator does not allow credit for a prior payment to the Recovering company when the proof of payment is shown as being cleared, a post-decision inquiry does not need to be submitted. The amount can simply be subtracted from the award and only any remaining balance should be paid.
  • Lastly, Responding companies are not to request a prior payment to the Recovering company be applied post-decision if the prior payment was not properly entered in the Prior Payment Made section when responding. Again, if the Recovering company has received/accepted the payment, it is simply to be applied to the award.  
We hope this information allows parties to efficiently and effectively resolve their liability, concurrent coverage, and/or damage disputes without the need for unnecessary adjustments.
 

The information provided is for general informational purposes only and should not be submitted in cases as evidence.