To Deny or to Uphold…
To deny or to uphold, that is the question. Did you know a no-coverage affirmative defense may receive an upheld ruling without a denial of coverage letter? Rule 2-4 in the AF Reference Guide
states a denial of coverage letter is required to have a filing administratively closed. An administrative closure means AF will withdraw the filing from the hearing schedule, and the filing is closed (or that the Respondent is out of jurisdiction, if there are multiple Respondents). When a filing is not administratively closed, the affirmative defense will be reviewed by the arbitrator(s) to decide the coverage issue. The filing, at the time of hearing, may or may not contain a denial/disclaimer of coverage letter. The lack of a denial-of-coverage letter would not necessarily be a denial of the no-coverage affirmative defense. Rule 2-4 of the AF Reference Guide gives an example of a vehicle theft and corresponding police theft report. The arbitrator(s) would look to the evidence as to whether a no-coverage affirmative defense was supported. Please see the AF Reference Guide
under Rule 2-4 regarding no coverage affirmative defenses.
Article published in: January 2019 E-Bulletin