Deferment Needed? Don't Forget the Evidence

A deferment is a postponement on the hearing of a case for one year from the date of filing. Per the Rule 2-10:

  • Deferment requests by the filing company are automatically granted. If a responding company believes the delay is not warranted and challenges the request, an arbitrator will consider and rule on the validity of the request.
  • Deferment requests by a responding company are automatically challenged and, as above, an arbitrator will consider and rule on the validity of the request.

So, what makes a deferment request "valid"?

To start, as the requesting party, your Deferment Justification should tell the arbitrator why the case needs to be deferred for one year, or what impact the companion claim or suit has on the arbitration case. Some examples include a policy limit issue with a pending BI, or a coverage or fraud investigation is pending.

Secondly, support your deferment request with evidence. Examples of evidence include a letter of attorney representation, litigation documentation, and claim file documentation.


Article published in: June 2017 E-Bulletin