Using the example below, Alpha has filed to recover PIP damages for two features — Bruce Wayne and Richard Ward — and has proven damages in the amounts of $8,297.87 and $11,489.36, respectively. Beta has asserted and proven policy limits of $10,000/$30,000.
Since the proven damages for Richard Ward exceed the $10,000 per person policy limit, the arbitrator will need to select Modify Awards, then update the Recoverable Amount, enter Justification for the modification, and select Save Modifications. (This will need to be done for each feature where the proven damages exceed the proven policy limits.)
In the event the aggregate of the feature totals exceeds the Per Occurrence policy limits, the awards will need to be modified to reflect the pro rata amount. Using the example below again, if there were four (4) features and each was modified to reflect the $10,000 Per Person policy limit, the aggregate amount would be $40,000, which exceeds the Per Occurrence policy limit. In this scenario, the Recoverable Amount for each feature would be modified to reflect $7,500 ($7,500 x 4 = $30,000).
For further assistance, please view the new job aid.
