Is the TRS Case Outside of Jurisdiction?

There has been an uptick in Post-Decision Inquiries due to oversights regarding policy limits asserted by the Adverse Party.

We are sharing the following information to clarify the Policy Limits portion of a decision. In the example below, notice the area for “Known Exposures Proven in Current Decision” (see the first image). This is the amount sought by the Recovering Party. If limits were asserted, this area will reveal the net remaining limits balance based on the decision entered.

Please note the Adverse Party often has claims against its policy other than that of the Recovering Party. The area titled “Exposures Outside of Arbitration” (second image below) is for exposures not included in the arbitration filing.

When exposures outside of arbitration are asserted, they must be considered by the arbitrator. In the example below, a police report was furnished that included documentation of damage to the street light and to a parked vehicle (see the second image). These exposures, in addition to the amount sought by the Recovering Party, put the Adverse Party out of jurisdiction.  

Screenshot of the policy limit worksheet

Screenshot of the exposures outside of arbitration section

Screenshot showing to select yes