AF facilitated its latest filer/responder workshops on April 22 and 24 with 335 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 April workshop: 

Filers and Responders

• Make clear and concise arguments that are easy to understand and follow.
• Remember that your audience is the arbitrator.
• Share case information that will assist the arbitrator.
• Avoid using generic and templated arguments.
• Do not attach AF articles as evidence.
• Do not include information that is not specific to the case.
• Do attach case specific evidence to bolster your argument.

What Jurisdictional Exclusions (JE) Include 

• Non-signatory party (without written consent)
• Action does not exist in law or equity (i.e., subrogation prohibited, no right of recovery, or prior release). 
• No liability policy in effect, denial of coverage, or policy limits. 
• Rule Infraction (i.e., damages needed to have been included in a prior filing [Rule 2-2 or Rule 5-3]).

When to Raise JEs vs. Damage Disputes

• Arguing that the supplement damages are not recoverable based on the statute of limitations expiring is raised as a jurisdictional exclusion.
• When no further recovery is available for rental because a settlement was reached prior to the filing, it is raised as a jurisdictional exclusion.
• A policy with language explaining that diminished value is not available under first-party collision coverage is raised as both a jurisdictional exclusion and a damage dispute within the response. 
• If the filing company’s insured double dipped, and no further damages are owed, it is argued in the damage dispute section with the prior payment entered and supported.

Categorizing Damages
To ensure arbitrator efficiency and that the damages are calculated correctly:

• The recovering company should enter damages sought in the correct section. 
• The responding company should ensure they dispute damages in the correct section. 
• Properly categorize damages, such as ACV or RCV, when appropriate.

 

Quick Tips

Prior Payments

• Do not enter a prior payment for a damage item not being requested in the filing.
• Double-dip payment credit can only be applied in the prior payment section. Additionally, double-dip arguments need to be entered in the damages section.
• In supplemental filings, do not include the damages from the initial award. Responders must not claim the prior award as a prior payment.

Rules
Refer to the Reference Guide to AF’s Agreements and Rules for more information.

Refiles

• In two-party cases where a coverage position has changed or a correct liability carrier has been found, a refile can be requested. 
• In two-party cases where a company has decided to accept policy limits after the initial 60 days from publication, a refile can be requested.
• A refile cannot be requested when a company forgot to support their damages in the original filing.
• A refile cannot be considered when not all companies were named in the original filing. (Rule 1-4)
• A responding company cannot request a refile on a filing company’s behalf.