To Deny or Uphold, That is the Question

Did you know a no-coverage Affirmative Defense may receive an upheld ruling without a denial-of-coverage letter? Rule 2-4 in the AF Reference Guide states a no-coverage letter is required to have a filing administratively closed. An administrative closure means AF will withdraw the filing from the hearing schedule, and the filing is closed. When a filing is not administratively closed, the Affirmative Defense will be reviewed by the arbitrator(s) to decide the coverage issue. The filing, at the time of hearing, may or may not contain a denial/disclaimer-of-coverage letter. The lack of a denial-of-coverage letter would not necessarily be a denial of the no-coverage Affirmative Defense. Rule 2-4 of the AF Reference Guide gives an example of a vehicle theft and corresponding police theft report. The arbitrator(s) would look to the evidence as to whether a no-coverage Affirmative Defense was supported.