AF recently facilitated its latest Filer/Responder workshop webinar on October 25 and 26.  The purpose of these 30-minute workshops is to drive decision quality by:

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

AF has provided the key takeaways from the October workshop below.

Evidence requirements and embedding evidence

• Links to external web sites like YouTube are prohibited.
• Acceptable video evidence includes: dash cam video, security footage, video of the scene; video recordings of audio files are prohibited and need to be transcribed (e.g., voice message recordings, statements, etc.).
• If a video cannot be uploaded, the party must request a personal appearance, select the “Video Evidence” evidence type, and upload/attach a mock evidence document in place of the video. The video will be shared with the arbitrator during a Webex hearing.
• Limit evidence embedding to two to three critical pieces of evidence for which a specific comment by the arbitrator is desired.

Policy Limits

• Assert limits when they are at risk; request a revisit for Policy Limits if unsure whether they exist.
• All exposures not being sought in the filing should be entered on the policy limits page, whether paid, unpaid, or currently unknown.

Post-Decision Coverage Defenses (Rule 3-9)

• The existence of policy limits is typically known at the time a response is filed and, as such, should be asserted when responding; the same applies to a denial of coverage.
• Asserting available coverage defenses when responding allows for appropriate decisions/awards and eliminates post-decision work.

View dates and/or enroll in an upcoming 2023 Filer and Responder workshop.