File the Right Damages in the Right Forum

Image of two options with one selectedKnowing what damages should be filed in each forum helps ensure prompt resolution of claim disputes. Filing damages incorrectly can cause unnecessary delays.

When a filing includes damages from different forums, the arbitrator will award only the forum-appropriate damages. This is true even if the Respondent does not assert an affirmative defense regarding the jurisdictional issue. For example, a fire starts in a vehicle causing damage to the vehicle as well as the garage it was parked in. The Applicant, that insures both the vehicle and home, submits a Property Subrogation Arbitration filing and includes both the vehicle and property damages. When the case is heard, if the Applicant proves its case, the Property Subrogation arbitrator will award only the Property portion of the damages and not make a decision on the Auto portion of the presented damages.

Once the decision is published, the parties will be free to, and are strongly encouraged to, settle the unresolved vehicle claim based on the Property Arbitration liability decision or the Applicant may file an Auto Arbitration to recover its automobile damages.

Article published in: March 2015 E-Bulletin