Updates to the Reference Guide to AF's Agreements and Rules
An update has been made on Page 7 of the Reference Guide to AF's Agreements and Rules regarding the damages that may be sought in an Auto filing. The revised paragraph reads: "A claim filed in the Auto Forum may consist of more than just a collision or comprehensive payment. A claim may include an itemized list of losses such as towing, storage, rental reimbursement, and salvage expenses, provided they were paid out of the insured's policy or incurred by a self-insured pursuant to statute or judicial decision. However, the disputed claim amount cannot include a company's normal operating expenses or an insured's out-of-pocket expenses. In addition, diminution in value claims are only applicable to states where members are required to pay such claims out of the insured's policy (or as a self-insured) pursuant to statute or judicial decision."
An update was also made on Page 13 to include other acceptable evidence items that support policy limits: "In some cases, it is enough for a Respondent to simply assert the Affirmative Defense for insufficient limits, state its policy limit amount, and submit proof (e.g., policy declaration page, claim system coverage screen, or some other written documentation that states the policy limits)."
Article published in: October 2015 E-Bulletin