Filers
1.) Include all parties in the filing that were involved in the occurrence, not just the party from which you seek recovery. This eliminates delay and action later on when an unnamed party needs to join the case. It also ensures any policy limit issue can be fully considered and addressed.
2.) Itemize the Damages Type being sought. TRS was designed to improve decision quality by enabling a responder to dispute specific damages. This also ensures the arbitrator will review the specific damages being disputed. Lumping all payments into one Damage Type may reduce the award if the arbitrator does not award improperly itemized damages. For example, Auto Damage, Rental, and any other paid damage types need to be itemized separately. Lumping all payments and the total amount as Auto Damage is not acceptable.
3.) Attach evidence in the applicable section. Each workflow step includes the “Attach Evidence” functionality. This allows a party to attach evidence where relevant to ensure the appropriate evidence is presented to the arbitrator when needed (for example, policy declarations when confirming policy limits, liability evidence when deciding liability, or damages evidence when confirming amounts sought or disputed).
Responders
1.) When asserting policy limits and another unknown exposure, consider requesting a deferment to allow the other exposure(s) to be presented and/or the amount(s) to be determined.
2.) In the Liability Arguments Workflow step, if you are alleging that another party is primary for liability coverage, remember to change the default answer of “no” regarding Primary/Excess to “yes.” If the party was not impleaded, go back to the Implead Adverse Parties Workflow step to do so.
