Recently, the Jurisdictional Exclusion of Filed in the wrong forum has been replaced with Filed under wrong coverage (see Adverse Party view below). Why the change?
This change better reflects TRS design, specifically, the fact that TRS supports coverage- driven case filings (collision/OTC, PIP, Med Pay, etc.) to track the dispute to the correct forum. In our legacy system, OLF, members begin the filing process by first choosing a forum in which to file, which can result in misfiled cases if the wrong forum is chosen.
With TRS, the Recovering Party simply enters the coverage under which the first-party claim was paid, and that drives the forum to which it tracks. This design helps us reduce the number of misfiled cases. Even with this design, we recognize that occasionally, we will see TRS cases in which the Recovering Party may not select the correct coverage under which its claim was paid. In this instance, the Adverse Party can raise a Jurisdictional Exclusion of Filed under wrong coverage to remove the case from AF’s jurisdiction. The Recovering Party can then refile the case under the correct coverage.
An example of when Filed under wrong coverage may be chosen by an Adverse Party is a third- party contribution auto claim that is filed mistakenly in the Auto Forum. The Adverse Party could raise the wrong coverage exclusion as the claim wasn’t paid under Collision/OTC, but under auto liability coverage, and it belongs in the Special Forum.
TRS continues to be a work in progress, as we work to complete the final transition of our remaining forums.