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Arbitration Forums News

E-Subro Hub Users
November 14, 2024
New Enhancement to Assignee Information Coming Soon
Recently, AF has observed an increase in assignment errors due to duplicate demand assignments that are occurring for the same business units or user ID.
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E-Subro Hub Users
November 14, 2024
Understanding Email Notifications
Email notifications can be a valuable tool to manage an E-Subro Hub inventory. It is important to understand these notifications and how other parties’ configurations may impact your workflow. 
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E-Subro Hub Users
May 16, 2024
Understanding the Demander Remittance Address
The Remittance Address is a section of the E-Subro Hub demand that is completed by the Demanding Party and indicates where settlement checks are received.
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TRS® Frequently Asked Questions

Add your damages as you normally would so the damages are considered when the case is heard. Use the Liability Arguments to explain your position so the arbitrator understands your position.
Yes. Per Rule 2-4, if a Responding Party asserts denial of coverage, it must also submit a copy of its denial of coverage letter to the person seeking the coverage under the policy. If a denial of coverage letter to the proper party is submitted, the party will be placed out of jurisdiction. If no such letter is submitted, or the submitted letter is not to the appropriate person (i.e. letter is directed to named insured, not the person driving the vehicle, or to the Recovering Party advising them that coverage is being denied), the case will proceed to hearing wherein the denial of coverage position will be ruled on by the arbitrator. Another example could be where the Responding Party's position is based on the theft of its insured's vehicle. If the thief is unknown, the Responding Party will be unable to send a denial of coverage letter. This type of case will also proceed to hearing wherein the arbitrator will consider and rule on the defense of theft. 
Yes, Total Recovery Solution® (TRS) does not block a filing, as there are instances where the late filing may be permissible. For example, under Rule 1-2, if a matter is in litigation and it is determined that all parties are represented by signatory companies, arbitration must be filed even if the statute of limitations has expired. It must be noted, though, that arbitration must be filed within 60 days of dismissal, or the Responding Party will be free to assert the delay as a jurisdictional exclusion.
Yes, there is an option to add a Responding Party when completing your response.
No, the arbitration agreements administered by AF are available only to insurers, self-insureds, or commercial insureds with large retentions/deductibles, not individuals - even if they should wish to participate. Their participation is excluded under the individual agreements.
A video file may be uploaded and attached to a filing.

If a party wishes to have video evidence viewed by the arbitrator, it must declare the tape, DVD, etc. as evidence. The member must also request a personal appearance. AF will contact the member representative to schedule a videoconference for the arbitrator to view the declared evidence.

In the event a member is unable to participate or share evidence via videoconferencing, AF will make arrangements with the member to provide the evidence to be viewed by an arbitrator, or the member may present the video evidence in person and must arrange for equipment to be available to present the evidence to the arbitrator.

In the case of audio evidence (such as recorded statements), AF requires the written transcript of the recording to be declared and provided as evidence for the arbitrator to view.
Yes, video evidence such as dash cam or security videos can be submitted in the TRS platform.
  • The file size cannot exceed 40MB.
  • Acceptable file types are .mov, .wmv, .avi, .mp4, and .vob.
  • All submitted video file types are converted to .mp4 format to eliminate any compatibility issues for the arbitrator.
  • Bookmarking may be used on lengthy videos to indicate points of interest to the arbitrator.
  • Examples of appropriate video evidence include: dash cam video of accident, security video showing accident, and video of scene.
  • Links to external websites like YouTube as evidence are not permitted. AF and our member companies whose arbitrators hear cases remotely, prohibit access to external links as part of its IT security policy to prevent the spread of viruses, malware, etc.
There are two coverage questions for the Responding Party to answer: "A liability policy was in effect at the time of loss" and "has coverage been denied for this claim."

For the first question, the Respondent will check "Yes" if the listed Insured, as identified by the Recovering Party, is an insured under a liability policy or is self-insured for liability. Check "No" if the listed Insured is not insured under a liability policy, the policy expired, the insured has collision coverage only (no liability coverage), or the listed self-insured has liability coverage with a carrier. If the Responding Party answers "No" to the first question,  i.e. no liability policy in effect or policy expired prior to loss, the Responding Party will be placed out of jurisdiction. If this is the only Responding Party, the filing will be closed/withdrawn

If the Respondent answers "Yes" to the first question, it must then answer the second. If it answers “Yes” that coverage has been denied to the party seeking coverage for the loss in dispute, it must submit a copy of the denial letter to that party as evidence. If submitted, the party will be placed Out of Jurisdiction (per Article Second (e)). If a denial letter is not submitted, the case will proceed to hearing wherein the coverage defense will be considered by the arbitrator(s).
The Dispute Damages tab must be used to dispute the amount of damages sought by the filing company. Damage arguments in any other section will not be considered by the arbitrator. Also, when disputing damages, you must state the specific damages being disputed and the disputed amounts. Simply stating "All damages are disputed" will not yield a favorable result. Lastly, if no entry is made in the Dispute Damages tab, damages are not at issue.
If the unnamed party is a signatory, you will add them as a Responding Party. You will present your liability position in your Liability Arguments.

If the unnamed party is not a signatory, you can secure its consent to participate in the arbitration and then add it as a Responding Party. You may need to contact AF to have a non-signatory company code created. Alternatively, you may simply present your liability position in your Liability Arguments and argue the unnamed party’s negligence. In this scenario, the Recovering Party may withdraw its filing if it wishes to pursue all parties outside arbitration. If the filing is not withdrawn, the arbitrator(s) will apportion liability and award damages, if applicable, against the named Responding Party. The Filing Party is barred from pursuing further recovery.
If the Recovering Party asserts and supports that Joint and Several Liability applies to the filing, the arbitrator must follow local law and apply it in the arbitration. Local law controls the decisions, and the parties neither gain nor lose any rights in arbitration that they have in litigation.
Since the unnamed alleged tortfeasor is a phantom, arbitration would retain jurisdiction as the dispute is between two members. The named Responding Party will need to argue their respective liability position. The arbitrator(s) will apportion liability and award the Recovering Party what it is owed by the named Responding Party.
The damages being sought determine which forum is compulsory. If you are seeking recovery of auto damages, you must file in Auto; if you are seeking recovery of property damage, you must file in Property. The Respondent's liability coverage is irrelevant to the coverage under which the filing is submitted. A Responding Party can be an auto liability, homeowner's liability, general liability, products liability carrier, etc.
Yes, assuming the damages were paid under the auto coverage. The car seats would be listed under the “Personal Property” damage type.
If the Responding Party does not properly assert and support its policy limit coverage defense, or it fails to assert it at all, an amount in excess of the limits may be awarded. Rule 3-9 affords a Responding Party time after the decision publication to raise limits. If the policy limits are not raised/supported in the response or within the time frame allowed under Rule 3-9, then the excess award would be binding.
No. The deferment fee is assessed at the case level not the feature level, so only one fee is incurred.
There is nothing in the arbitration agreements or rules that compels a signatory to pay an adverse insured's claim. The Intercompany Arbitration Agreements bind the signatory companies to arbitrate disputes among themselves. The insured is not a party to the agreement. Article Third of the various agreements specifically states that an arbitration decision is "neither res judicata nor collateral estoppel to any other claim or suit arising out of the same accident, occurrence, or event" and "conclusive only of the issues in the matter submitted to the panel and only as to the parties to the arbitration." That said, the Adverse Party’s insured’s claim can be voluntarily paid.
A Responding Party may assert denial of coverage for this reason. Per Rule 2-4, if they submit a denial of coverage letter to the appropriate party advising them that coverage is being denied due to noncooperation or no notice, etc., the Responding Party will be placed Out of Jurisdiction. You would be free to pursue the 'uninsured' party directly. If no such letter is submitted, the case will proceed to a hearing. The arbitrator will consider the coverage defense, and any evidence submitted to support it. The arbitrator will either uphold or deny the defense. It should be noted that each state may have different "requirements" that a carrier must comply with to uphold such a defense.
Below are the states where intercompany arbitration is mandatory per state statute, and AF is specifically named as the administrator. The source is also provided; however, this is subject to change, and AF does not guarantee accuracy. For other states that mandate arbitration for disputes between insurers but do not specifically designate AF as the provider, arbitration would be compulsory if all parties are signatories to the Personal Injury Protection (PIP) arbitration agreement for the loss state; arbitration may also be filed with consent.
State Source Forum
DC § 31-2405 (i) Auto Arbitration
DE 21 Del. C. § 2118(g)(3) Auto, PIP, Property, and Special (when claim involves DE registered motor vehicle)
KY KRS 304.39-070 PIP (Authority for PIP arbitration is given to KIAA, whose rules reflect that either the KIAA or AF may be selected for arbitration)
MD Insurance Code 19-514 Auto Arbitration
MN § 65B.53 PIP Arbitration
NY § 65-4.11 of Regulation 68 PIP Arbitration (Loss Transfer/Priority of Payment)
VA § 38.2-2231 Auto Arbitration
An affirmative defense bears only the authority of an arbitrator on behalf of Arbitration Forums, Inc. to decide the dispute in arbitration. It has no bearing on the right of recovery in any other venue and is NOT a finding of no liability. It means only that Arbitration Forums has no authority over, or may not decide, the dispute.
Decisions may not be shared with insureds. Insureds do not understand the intercompany arbitration process that the membership has agreed to use to resolve their subrogation disputes. Further, the insured is not a party to the arbitration; only the interests of the signatory companies are involved. Signatories are free to handle their insured's claims as they deem appropriate, i.e., refund deductible, assess no liability, regardless of the arbitration decision.
No. Each forum includes a monetary limit for compulsory disputes. If the claim exceeds this amount, the matter is outside arbitration's jurisdiction. Arbitration might still be filed with written consent, or the Recovering Party may file arbitration for the compulsory limit and waive pursuit of the balance of the claim.
The distinction between proof of payment and proof of damages is important. Proof of payment is a must only when a Recovering Party, through its answer, asserts the Jurisdictional Exclusion of Subrogation Prohibited arguing the lack of a subrogatable claim. If not challenged, the presumption is the recovering insurer has made payment to its insured and a subrogation claim exists. A challenge should not simply be raised because the recovering party did not list proof of payment in its evidence listing. We don’t want to require the submission of unnecessary documentation. While it is not a requirement to submit proof of payment to prove damages, we recommend it be included in the evidence. Many arbitrators find it useful to verify if the Recovering Party has listed its damage claim correctly (not included its deductible twice, deducted its salvage return). It is also of particular benefit when there are prior partial payments. NOTE: The above does not apply to self-insured members that own and repair their vehicles, as there would be no payment to a repair facility.
KRS 304.39-070 gives insurers two options for resolving disputes: (1) joining as a party in an action that may be commenced by the person suffering the injury, or (2) filing intercompany arbitration. If an insurer opts (1), Rule 1-2 cannot be enforced; the statute takes precedence. This applies specifically to Kentucky PIP claims.
Kentucky statutory authority for PIP arbitration is given to KIAA whose rules reflect that either the KIAA or AF may be selected for arbitration.
No, but it is strongly recommended to ensure optimal recovery. This is especially true when a Responding Party has policy limits, and there are multiple exposures. 
When you file, list your correct company code. The company code listed is used for billing purposes (i.e., filing fee, reschedule fee). When you are the Responding Party, correct your company when responding, if the Recovering Party has listed the incorrect subsidiary. Indicating the correct company when filing and responding eliminates any billing errors.
Yes, since you are seeking recovery for auto damages. The Auto forum is compulsory if the car wash’s liability insurer is a signatory. The type of damages sought determines which forum is compulsory, not the type of coverage afforded by the Responding Party. A Responding Party can be an auto liability, homeowner's liability, general liability, products liability carrier, etc. So, if the carrier is a signatory to Auto, arbitration is compulsory.
Yes, especially when liability is accepted, and the only disputed issue is damages. The Responding Party is the party that determines the issue(s) to be decided by the arbitrator. By entering a percentage of liability in the "I admit ____% liability" field, the Responding Party is advising the arbitrator that it concedes this amount of liability. The arbitrator can find the Responding Party more liable than it admitted but not less. Also, an offer is not a concession of liability. Prior negotiation correspondence between the parties can be submitted to support a liability theory, but it does not trigger whether liability is conceded. Rather, it is the Responding Party’s answer to the arbitration filing and what is entered in the "I admit ____% liability" field.
To document a denial of coverage, a denial letter must be directly addressed to the entity for whom coverage is denied (or the party seeking coverage) informing him of the denial (not always the Named Insured). A letter to another entity (i.e., any third party with a liability claim/action) regarding the denial is not sufficient for purposes of Rule 2-4. This includes correspondence that "copies" the entity for whom coverage is denied.
  • Rule 4-2 allows AF to amend or void a decision if a clerical or jurisdictional error was made by the arbitrator or AF.
  • Rule 3-9 allows AF to amend or void a decision for certain coverage defenses (no liability policy in effect on loss date, coverage denied, policy limits, etc.).
  • Rule 2-12 allows a party to appeal a decision (Property and Special forums only).
The Filing Party has a choice to arbitrate against only the signatory party or file an action for recovery in a court against all negligent parties. If the Recovering Party chooses to arbitrate the dispute, it may NOT later file another action in court against the non-signatory. By choosing to pursue recovery via arbitration, the Recovering Party waives any right to pursue other parties separately outside of arbitration's jurisdiction.
A deferment is a one-year postponement of a hearing due to the existence of a companion claim or suit that may impact the arbitration. A deferment is not to be requested simply to get more time to prepare/submit a response. When considering whether to uphold a deferment request, the arbitrator will look at what effect the arbitration hearing will have on the companion claim/suit and vice versa. Since the arbitration decision is neither res judicata nor collateral estoppel, it, in itself, should have no effect on the companion claim/suit. Some reasons a deferment may be warranted include policy limits (including combined single-limit policy), discovery still in progress (results of which will be used in arbitration as well as litigation), and active fraud investigations. In many instances, when you have Auto and PIP or Med Pay companion claims, the arbitrator may agree to defer the PIP or Med Pay (for the above reasons) but not the Auto (unless there is a single-limit policy that would affect both claims). In closing, if you request a one-year deferment, you must effectively justify and support the request (deferment justification section), so the arbitrator understands why the companion claim/suit must be resolved first.
An arbitrator's decision must always be based solely on the evidence that is submitted. In cases where conflicting versions of an accident/loss are presented (i.e., conflicting insured versions of a motor vehicle accident), and no other evidence corroborates either insured's version, determining liability will most likely be impossible. An exception would be where the Recovering Party is an innocent party (i.e., parked or legally stopped vehicle) seeking recovery from multiple Responding Parties whose accident caused their damages. In these cases, while the specific liability percentage of the respective Responding Parties may not be determined, the Recovering Party has proven that its damages were the result of the accident, and an award may be apportioned equally amongst the Responding Parties.
  • Create a Word document titled “Video Evidence.” 
  • While you complete the filing or response, select the “Video Evidence” evidence type and attach the Word document.
  • Select the “Personal Appearance” option.
  • AF will schedule a personal appearance hearing, so you can share the video with the arbitrator.  
NOTE: In the case of audio evidence (such as recorded statements), AF requires the written transcript of the recording to be submitted as evidence for the arbitrator to view. A video recording whose sole purpose is for the audio content is not considered video evidence.
 
  • Use the “Add Deferment” option in the Case Actions drop-down menu. We recommend this action be taken before submitting the filing or response. The deferment will be automatically granted. An Adverse Party may challenge the deferment if it believes the delay is not warranted. If challenged, the deferment will be ruled on by an arbitrator. If the request is upheld, the case will be deferred for one year from the date of filing. If the request is denied, the parties will be prompted to complete their filing or response.
  • For deferred cases, the case status will automatically change from "Deferred" to "Scheduled Hearing" 120 days before the current deferment expires, and a notification is sent to the parties. At this time, a new deferment can be added if needed.
Rule 5-2 provides the process to follow to secure payment of an award. The rule also contains language that permits the Filing Party to seek reimbursement for any legal expenses, costs, etc., incurred should litigation have to be filed to enforce payment.
The entry in the "I admit ____% liability" field takes precedence over any liability arguments made in the Responding Party's contentions in most cases. For example, in cases involving a single impact, if the Responding Party enters "100%" in this field but also makes liability arguments in its contentions, the arbitrator's liability decision will be controlled by the 100 percent liability admission. (If "0%" is entered in this field but no liability arguments are made, the arbitrator is free to deem that liability is not at issue and resolve any damages disputed.) In cases involving multiple impacts where the Responding Party may be admitting 100 percent liability for the Recovering Party’s rear damages only, the arbitrator will have the discretion to rule on the disputed front damages.
There is a specific Jurisdictional Exclusion listed in the Jurisdictional Exclusion drop-down menu.
No, the date of the loss is not controlling. What controls compulsory jurisdiction is the status of the claim on the signatory effective date. If a pending claim meets the provisions of Article First, it is subject to compulsory arbitration, regardless of the accident date. The keyword is pending. Pending is synonymous, from the viewpoint of arbitration, with active claims. Closed claims are excluded, as are claims that have been abandoned prior to a company's decision to participate in arbitration.
Legal fees may be recovered for one of two reasons. A party may be entitled to recover attorney fees if a case is removed from arbitration because of an objection to jurisdiction (affirmative defense) raised by the Responding Party, it is discovered that it was properly placed in arbitration, and the Filing Party refiles the case (Rule 2-8). Legal fees may also be recovered in Special Arbitration. For more details, please refer to Chapter 16 in AF's Reference Guide.
Cases are administered in adherence to the rules in effect on the date of filing.
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