AF recently facilitated its latest filer/responder workshops with 100 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 October workshop:   
    

• Effective Case Presentation
  • Do not argue liability in the damage section.
  • Rule 2-5 indicates the damage section is for issues that include repair and/or rental amounts, causation, and partial exclusions.
  • Make specific arguments about why damages are reasonable or unreasonable.
  • Avoid template language since it is not specific.
  • AF articles and E-Bulletins are not intended to be used as evidence.
• Prior Payments
  • Remember to include documents supporting the damages for which the payment was issued.
  • Highlight the payment status for the arbitrator, if possible, including if it’s an EFT.
  • Consider offering an explanation for the arbitrator about how to determine whether your payment was cashed or cleared.
• Supplemental Payments
  • Do not include a prior arbitration award payment on a supplemental damages filing.
  • Do not include both filings’ damages in the supplemental damages.  
• Loss of Use 
  • This is reimbursement for the cost of a rental vehicle or other alternative transportation that is used while the damaged vehicle is not available for use. This is frequently found in the Auto forum.
• Loss of Revenue 
  • This occurs when a business loses income because of downtime related to the damages that were incurred due to the loss.
• Loss of Income
  • These are damages a driver or passenger may incur due to injuries from the loss. 
• Recovering parties should ensure the correct responding company and company code are used.
  • The Select Parties field requires entry of a company code or company name.
  • A drop-down list will populate based on the input; members should choose carefully.
  • If a non-signatory company is selected, written consent is required before proceeding.
  • Using the correct company name or code will avoid delays and additional filing fees.
• Jurisdictional Exclusions
  • Do not raise multiple instances of the same exclusion.
  • If policy limits are properly declared (along with any additional exposures that apply), there is no need to file a separate jurisdictional exclusion for policy limits. 
  • The category of jurisdictional exclusion will not determine whether the case is found in or out of jurisdiction. The arguments and evidence will be the determining factors.