September 2017 E-Bulletin for Arbitrators

This month's E-Bulletin topics include:

  1. Evidence Considerations
  2. Entering Reduced Damages
  3. Mandatory IL Auto Arbitration Repealed
  4. Change to Compatibility View Settings in Internet Explorer
  5. NASP 2017 Annual Conference—Deep in the Heart of Subro

Evidence Considerations

Image of cars in an intersectionPart 1 of the Evidence Considerations Series

As an arbitrator, you recognize that evidence is the key to prevailing in arbitration. With that in mind, AF has created a series of articles with tips and suggestions to help you when considering the different types of evidence that can be submitted. This month’s article focuses on scene photographs.

As the saying goes, “A picture is sometimes worth a thousand words.” Good, quality scene photographs are beneficial in any case and may be considered to be superior to aerial photos (i.e., Google maps, etc.). Satellite photos are not always current and may not depict the intersection as it was on the date of the accident. Although aerial photos are certainly better than not submitting any evidence, a ground-level scene photo will usually provide a better perspective of the width of the lanes, as well as other details such as traffic control devices, bike lanes, center median lanes, cement barriers, lane marking, etc.

To maximize the impact of scene photographs, the submitting party should consider labeling the location of each vehicle prior to, during, and possibly after the collision, but this isn’t required. In addition, scene diagrams drawn from the perspective of the insured/driver will reinforce the verbal description of the scene and confirm information such as directions of travel and number of lanes.

In next month’s issue of E-Bulletin, we will discuss detailed statements as evidence.
 
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Entering Reduced Damages

Image of a woman at a laptopScenario: Applicant seeks recovery of $800 ($700 collision plus $100 rental). Respondent disputes $50 rental arguing that repair time is equivalent to two days of labor (rental rate equals $25/day); total amount owed equals $750.

As the arbitrator, you consider the arguments regarding the disputed damages and decide that the Respondent has proven its reduced amount. How do you enter your Damages Decision?
  1. Select “Reduced Damages.”
  2. Enter $750 in the Damages Proven field.
  3. Explain and/or itemize the damages proven so it is clear to the parties what damages are awarded.
Screenshot of the Damages Decisions tab
Do not use the “Damages Proven” entry to:
  • Apportion damages by the percent of liability proven — The system will automatically calculate the proven liability percentage by the proven damages amount.
  • Account for policy limits or pro-rata share — Use the “Award Override” function.
  • Apply a prior payment — Use the “Include Credit for Prior Payments” function.
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Mandatory IL Auto Arbitration Repealed

On August 25, it was announced that the Illinois Insurance Code has been amended by repealing Section 143.24d. The Act takes effect “upon becoming law.”

Auto arbitration cases filed against non-signatory Respondents for losses occurring in Illinois will now need written consent from a non-signatory Respondent to proceed to hearing (Article Fourth (b)).

Pending Auto arbitration cases (those filed prior to this announcement) will proceed to hearing only if a non-signatory Respondent submits a response and does not object to jurisdiction. This will be construed as implied consent.
 
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Change to Compatibility View Settings in Internet Explorer

Image of a finger selectingWith the implementation of new technologies, AF no longer requires arbfile.org to be included in the Compatibility View Settings in Internet Explorer. For future development of our product, we are asking members to now remove AF’s website from these settings. If these settings are centrally controlled by your company’s IT policies, the change should be coordinated with your IT department.

Here is how to remove these settings: 

In Internet Explorer, select the Tools menu.
Screenshot of the Tools menu

Select Compatibility View Settings.
Screenshot of the Compatibility View Settings

In the list of Websites you’ve added to Compatibility View select arbfile.org.
Screenshot of the Compatibility View Settings
 

Once arbfile.org has been highlighted, select the Remove button on the right.
Screenshot of the Compatibility View Settings

For additional information or assistance with these changes, please contact support@arbfile.org.

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NASP 2017 Annual Conference—Deep in the Heart of Subro

NASP logo for Deep in the Heart of SUBRONovember 5‒8, 2017
JW Marriott ‒ Austin, TX

Be sure to visit us at Booth 307 or attend one of our sessions, “Total Recovery Solution (TRS)” to be held Monday, November 6 at 12:30‒1:30!

Visit the NASP website to register, select an exhibit booth, make hotel reservations, and download conference brochures.
 
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