May 2016 E-Bulletin for Arbitrators

This month's E-Bulletin topics include:

  1. Mandatory Arbitration States
  2. Upcoming Arbitrator QwikShares — Enroll Today!
  3. FAQ Update: Liability Admission
  4. Member Feedback... Thank You, Arbitrators!

Mandatory Arbitration States

Below are the states where intercompany arbitration is statutorily mandated and AF is specifically designated as the administrator. Please refer to this information should you be assigned a case wherein the Respondent asserts the affirmative defense that it is not signatory and will not abide by the arbitration decision. Where applicable, the affirmative defense should be denied and the case heard.

State Source Mandatory Program
DC § 31-2405 (i) Auto
DE 21 Del. C. § 2118(g)(3) Auto, PIP, Property, and Special (when claim involves DE registered motor vehicle)
IL Insurance Code 143.24d Auto (auto damages < $2,500)
MD Insurance Code 19-514 Auto
MN § 65B.53 PIP
NY § 65-3.12(b) and 65-4.11 PIP Arbitration (Priority of Payment & Loss Transfer)
VA § 38.2-2231 Auto
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Upcoming Arbitrator QwikShares — Enroll Today!

Enroll today for our upcoming Arbitrator QwikShare Webinars! Our QwikShares are 20-minute, topic-specific Webinars that focus on issues that frequently generate questions from arbitrators and post-decision corrections, and attendees may ask questions via Chat. We know your time is valuable. We hope you'll appreciate and take advantage of the opportunity for AF to quickly share important feedback and tips without a significant investment of your time.

Enroll in Admissions of Liability. This Webinar offers tips on what to consider when a Respondent indicates an admission of liability. Tips are shared within the framework of three specific scenarios to enable you to easily apply them in practice.

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FAQ Update: Liability Admission

Question 36 in our Procedural Clarifications FAQ has been updated to clarify how the "Percentage of Liability Admitted" entry will impact a decision. The update distinguishes cases involving single and multiple impacts. Click here to read the FAQ.

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Member Feedback... Thank You, Arbitrators!

Thank you post it notesThe following is recent member feedback on decisions. Kudos to all on providing the high-quality decisions our membership values and appreciates.

"The arbitrator gave a thorough explanation, which I like. That's all I can ask. It's clear she reviewed the whole case."

Thank you, Arbitrator Heather Troxell!

"The arbitrator appears to have taken into account all the evidence that was submitted and gives clear reasoning why he came to the decision he did."

Thank you, Arbitrator Gregory Wallin!

"He was very precise in what evidence he used, and he put in what the evidence was. He just didn't say the statement. He put in what the statement said that made his decision. He also talked in detail about both recorded statements and the police report, so I like the way he used parts of the statement in it to explain how he arrived at his decision. A lot of times we get them where it just says, 'Both statements were reviewed and [carrier] found at fault.' With this one, he went into great detail, so I would say 'excellent' on this one. He seems to have a good knowledge because at the bottom he wrote down everything that [carrier] said and then turned around and refuted it by saying that if the [carrier] driver had made a right turn from a stopped position, the layout and timeframe does not indicate that it would be feasible to garner enough speed to pull ahead and rear end the vehicle. The evidence overwhelmingly suggests that the [carrier] driver negligently pulled in front of the [carrier] driver and hit his brakes. The way that he took all the evidence and then pulled it together, he sounds very knowledgeable, and he took in all the evidence and pulled it all together to make his decision."

Thank you, Arbitrator James Manning!

"I think there was consideration of the law, the lack of proof, and the damage issues, so I think it was very thoroughly thought out."

Thank you, Arbitrator Thomas Wilks!

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