June 2019 E-Bulletin for TRS

This month's E-Bulletin topics include:

  1. Non-Signatories and the Upgrade to TRS
  2. Panel of Three No Longer Needed?
  3. Salvage Pending? No Problem!
  4. FOR ARBITRATORS: Bailment Applicable? Don’t Forget to Adjust the Liability Percentage!
  5. Post-Decision Inquiries in TRS
  6. Policy Limits Acceptance – One Last Opportunity
  7. Looking for Up-to-Date Information on TRS?
  8. NASP'S 2019 Subro Professionals Day Is June 26

Non-Signatories and the Upgrade to TRS

Conceptual image of a crane building a webpageAs a reminder, TRS is not currently available to non-signatories but will be available in the future.

We appreciate your patience, as we work to first upgrade our membership to the new platform. Delivery of TRS to AF’s member companies is occurring in a phased approach:
Phase I – Limited Automobile Arbitration
Phase II – Expanded Auto and all remaining arbitration programs
Phase III – Subrogation (E-Subro Hub)
Please stay tuned for announcements regarding the addition of non-signatories to TRS!
 
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Panel of Three No Longer Needed?

Image of three business people gathered at a deskThe ability to request a panel of three and/or personal appearances includes the ability to remove the request, should either no longer be needed. This option is available until the filing is actually assigned to the arbitrator(s), which can be after the response has been submitted. If you request a panel of three on a qualifying case, and the responding party disputes only a portion of the damages, you can remove the panel of three request, so that three arbitrators do not need to resolve a low-dollar damage dispute.

Screenshot of the Cancel Panel of Three option
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Salvage Pending? No Problem!

Image of cars in a salvage lotAs a responder, you may have noticed the following message in TRS when trying to add a counterclaim for total loss damages where salvage is pending:
Screenshot of the company-paid damages screen

The above alert notifies the responder that a total loss with pending salvage will need to be filed after a liability decision is made on the initial filing.

TRS was designed to improve case cycle time and eliminate unnecessary delays. Expediting the liability decision on the initial filing eliminates delay should the decision bar recovery for the responder’s damages (i.e., it is deemed 100% liable or cannot recover due to the loss state’s negligence law).

Before clicking Submit, you will receive another alert that pending total loss damages must wait until liability is resolved. Simply continue and submit your response.
Screenshot of the Feature Selection screen

From the worklist, you will see your total loss feature in “Pending” status, while the response and initial filing are “Ready to Hear.”
Screenshot of the worklist

In next month’s E-Bulletin, we’ll demonstrate how to submit your total loss feature if liability is favorable and salvage has been resolved.

Stay tuned!
 
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FOR ARBITRATORS: Bailment Applicable? Don’t Forget to Adjust the Liability Percentage!

Image of a post-it note with don't forget on itIn cases where bailment is asserted and proven to be applicable, remember to adjust the liability percentage accordingly. In the following example, bailment is proven to apply for Alpha (Alpha may recover 100% of its damages regardless of Beta’s actual liability), and liability is determined at 50% versus each driver.

1. Enter your bailment finding and justification:
Screenshot of the bailment workflow highlighting the 'What is your finding' section

2. Enter your liability decision. In this example, both drivers were deemed to be equally at fault.

Screenshot of the Liability Decision section

3. Near the end of the workflow, select Modify Awards.

Screenshot of the Award Summary section

4. Modify the award by entering the proven damages amounts (in this example, we are awarding 100% of the proven damages); enter the justification for modifying the award; and select Save Modifications.

Screenshot of the modifications made

5. The Award Summary will reflect the modification.

Screenshot of the Award Summary section
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Post-Decision Inquiries in TRS

One of TRS’s many benefits is that it streamlines work processes, including how a Post-Decision Inquiry (PDI) is made. Rather than navigating to a linked form on AF’s website, TRS users can submit a PDI directly from the case:
Screenshot of Decision Action menu and the Create Post Decision Inquiry option

To support prompt resolution of disputes, inquiries made after a decision are limited to specific time frames. TRS improves the PDI process by only allowing valid PDI options to appear; if an inquiry type is not available, it means the time frame to make that inquiry has expired.

Based on membership feedback, we’ve also added the following message to display, starting after our June system updates: "If you do not see the inquiry you are looking for, the timeframe to submit that type of inquiry has expired." Below is a refresher on time limitations for types of PDIs:
Image of the time limitations for types of PDIs
                                                                                    
The PDI process in TRS eliminates the possibility of submitting expired inquiries. This is just one of the ways TRS makes your claim resolution process more efficient! 
 
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Policy Limits Acceptance – One Last Opportunity

Image of a clock with the second hand almost at midnightArticle Second (d) of the various arbitration agreements provides that a company seeking recovery may agree to accept an award not to exceed policy limits and waive its right to pursue the balance directly against the responding party’s insured. The filing company has many opportunities to do this. Are you aware of all of them?

The filer may:
  • Indicate its acceptance when submitting the filing
  • Indicate “Not Sure” or request a revisit if policy limits is asserted
  • Indicate its acceptance within 60 days of the decision publication
To do so immediately following the decision publication (where the responding party has been deemed out of jurisdiction due to policy limits):

1. Select the applicable Case ID.

2. Select Decision Actions > Accept Policy Limits.
Screenshot of the Decision Action menu and the Accept Policy Limits option 

3. You will be presented with an amended Award Summary for the specific feature filing and must agree to the terms and select Accept.
Screenshot of the policy limits terms
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Looking for Up-to-Date Information on TRS?

Image of a rolled up newspaperTake a look at the Latest News about TRS page on our website. This page includes information on upcoming enhancements, tentative member launch dates, and more.
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NASP'S 2019 Subro Professionals Day Is June 26

Image of multicolor balloonsOn Wednesday, June 26, the National Association of Subrogation Professionals will be celebrating its 7th annual Subro Professionals' Day to highlight the contributions that you have made to the insurance industry.

NASP members can receive discounts on registrations for conferences, Webinars, and more!

For those not yet a member of NASP, you can join on Subro Professional's Day for a NASP 2019 “test drive” membership for only $150 (effective June 27 – December 31, 2019) to receive the benefits of a regular membership, including free webinars, discounted educational event registrations, and an electronic version of the Subrogator magazine.

For more information, visit the NASP website.
 
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