Concurrent Coverage Counterclaim Process Clarified – Adverse Party

TRS was designed to support the resolution of concurrent coverage disputes separately from negligence disputes. The recovering party chooses the right of recovery on which its filing is based. Each right of recovery can be pursued, but must be done separately.

When responding to a case, please note the right of recovery and respond accordingly. If the filing concerns concurrent coverage, counterclaims should not be filed when seeking recovery from parties believed to be negligent. The sole issue to be decided in the filing is concurrent coverage. 

The following example clarifies when a responding party may include a counterclaim with their response.

A counterclaim may be filed when the responding party has made payment to their covered auto under the collision portion of the policy and is seeking reimbursement from the filing company. Remember not to file a counterclaim against a negligent third party or add them to a concurrent coverage filing. A separate filing should be initiated under the negligence right of recovery against the parties believed to be negligent for the loss. 

View the corresponding job aid or watch the tutorial for more information on filing counterclaims when the right of recovery is concurrent coverage. 

For questions, please contact Member Services at 866-977-3434.