September 2016 E-Bulletin for Arbitrators

This month's E-Bulletin topics include:

  1. System Maintenance, November 2016
  2. Don't Get Locked Out!
  3. Applying Credits for Prior Payments
  4. Upcoming Arbitrator QwikShares — Enroll Today!
  5. Reporting Suspected Illegal, Dishonest, or Fraudulent Activities
  6. NJ PIP: A Court Decision of Interest
  7. Member Feedback... Thank You, Arbitrators!

System Maintenance, November 2016

System Maintenance

AF is scheduled to perform system maintenance and upgrades. As a result, AF's website will be unavailable from 8 PM Eastern on Friday, November 11, 2016, to 10 PM Eastern on Sunday, November 13, 2016.

We apologize for any inconvenience this may cause our members. AF is committed to continuously enhancing our products and services. We thank you for your continued support.

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Don't Get Locked Out!

Change Your Password

AF member companies select a user password expiration interval of 30, 60, or 90 days for AF's website. The selection is usually based on your company's own internal security protocol.

If the password is not changed within the three grace attempts, the account will be locked. You will need to contact your company's security administrator to have the account unlocked.

Avoid the frustration of being locked out from AF's website. Change your password upon first notice of the password expiration. If you encounter any issues with your password reset, please contact your company security administrator.

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Applying Credits for Prior Payments

When applying a credit for a prior payment that a Respondent has proven has cleared or been cashed, consider your liability decision and damages decision independent from the credit for prior payment. This will help ensure your decision entries are accurate. View the handout for examples of correct entries when 100% or partial liability and all or reduced damages have been proven.

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Upcoming Arbitrator QwikShares — Enroll Today!

Webinar Speech Bubble GraphicEnroll 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 Affirmative Defenses. During this instructor-led webinar, we will discuss the fundamentals of affirmative defenses. Participants will learn how to recognize whether an affirmative defense has been asserted and what to consider when ruling on it. Examples will be provided to illustrate the concepts discussed.

Enroll in Handling Prior Payments. Learn how to enter credits for prior payments argued by the Respondent, and ask questions via Chat.

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Reporting Suspected Illegal, Dishonest, or Fraudulent Activities

Arbitration Forums, Inc. (AF) is committed to providing an environment free of illegal, dishonest, or fraudulent activity.

AF has contracted with a third-party service called DirectAccess, through which arbitrators may anonymously report suspected illegal, dishonest, or fraudulent acts or violations by an AF employee.

View the flyer for information and details about DirectAccess.

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NJ PIP: A Court Decision of Interest

In a prior communication, we shared information regarding a 2011 amendment to NJSA 39:6A-9.1.

On July 27, 2016, the New Jersey Supreme Court published a decision interpreting NJSA 39:6A-9.1 (Karon K. Johnson v. Roselle EZ Quick LLC). At issue was whether the amendment of January 28, 2011, giving priority to the injured party, was retroactive. In its decision, the NJ Supreme Court affirmed an Appellate Division decision and found the amendment was not retroactive. The cause of action accrues, said the Court, with the application for PIP benefits, not when the carrier filed the claim for PIP reimbursement. So, a loss that occurred prior to January 28, 2011, where the injured party submitted a PIP application prior to January 28, 2011, is not subject to the amendment and could go forward despite a bodily injury claim pending.

View the case on the New Jersey Courts website.

The above information is shared simply as a decision of interest and is not intended to provide guidance to arbitrators on how to decide this issue. As always, it is incumbent upon the parties in an intercompany arbitration proceeding to support their positions with applicable and relevant case law or statutes, and the decision rendered is at the arbitrator's discretion and authority.

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Member Feedback... Thank You, Arbitrators!

The following is recent member feedback on decisions. Kudos to all on providing the high-quality decisions our membership values and appreciates.

"This is one of the most thorough arbitration decisions I have seen in some time. The arbitrator explained exactly how she came to the decision. A very complete decision!"

Thank you, Arbitrator Jennifer Oetker!

"I just want to say how impressed I was with David's description on how he came to render the decision on this case and why. Fantastic job! I do not see this often and just HAD to say something. Thank you, DAVID!"

Thank you, Arbitrator David Mansour!

"It looks like all evidence I provided was considered properly in comparison with my contention. The decision clearly outlined and itemized well, so the panelist gave a good understanding of how she came to her decision."

Thank you, Arbitrator Marsha McNeal!

"The evidence that the arbitrator used to render the decision was clear. I liked how lengthy the decision was and what the reasoning was. I've had some decisions that have been very short, and this one was extremely detailed. It looks like she took into account the evidence from both sides. She took a close look at it, so it looks like there was some time thought put into it."

Thank you, Arbitrator Jacqueline Mancino!

"She was very detailed in the reasons why she decided the way she did. I know that they already have the questions that they're supposed to answer, but she actually pointed to, 'your driver admitted to this...' and 'your driver said this....' She was very thorough."

Thank you, Arbitrator Kelly Brown!

"I sent some very specific photographs, and if you just glanced at them, they would appear to mean one thing; if you looked at them in depth, they really show something otherwise. He took that extra moment to really look at them in depth. He looked at the physical evidence and used it to make his decision. He considered my arguments, and part of my arguments helped explain the photographs, but the fact that he took that extra second look really pleased me."

Thank you, Arbitrator Christopher Ray!

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