Quality Reviews: Insights for Filers and Responders

As previously communicated, AF implemented a quarterly assessment process. The process is intended to measure the overall quality produced by our membership and to provide AF feedback on our efforts to partner with our membership to improve experiences.

We have completed the first quarter Quality Review for 2022. The review showed a slight overall improvement for filers and a slight decline for responders. Below are opportunities for filers and responders.

Filer Insights:
One of the most important sections of a filing is the liability arguments. The liability arguments are where you want to make concise and precise arguments regarding the facts of the loss and responder’s negligence. The use of templates and jargon sentences that lack specifics to the disputed claim are not preferred. Lengthy and redundant liability or damage dispute arguments are not beneficial.

In addition, when a responding party accepts 100% liability, the arbitrator receives a banner stating liability has been accepted and the arbitrator may proceed to the damages section. Filers’ damage dispute arguments in the liability section have the possibility of not being considered in those cases. Look in the Feature Workflow Step under Company-Paid Damages for the Damages Justification/Dispute Rebuttal section to enter filer damage dispute arguments. The damage rebuttal section is an appropriate spot for additional information refuting a new or particular damage dispute.    
  
Screenshot of the Company-Paid Damages module

Responder Insights:
The AF Reference Guide is a good place to do an overall review of AF’s Rule 4-1. The AF Reference Guide states: “The filing company does not prevail simply because no answer is submitted.” The key words in this sentence are “no answer is submitted.” The usage of Rule 4-1 No Default Judgment arguments as a responder’s liability answer is not necessarily supported. Why? Because you are “answering” the filing when you enter any information and then submit.  AF recommends a responding company enter their liability arguments and their conclusion regarding liability when answering a filing. For more information on Rule 4-1, please read page 60 of the AF Reference Guide.  
 


Article published in: April 2022 E-Bulletin