Concurrent Coverage Disputes in TRS

TRS was designed to support the resolution of concurrent coverage disputes separately from negligence disputes. The Recovering party chooses the right of recovery on which its filing is based. Each right of recovery can be pursued, but must be done separately. The following examples clarify how these independent rights of recovery may play out in arbitration: 
  • A Recovering party does not prevail on a concurrent coverage right of recovery, and then files to recover from a different party under a negligence right of recovery.
  • A rental company files a concurrent coverage dispute against the renter’s insurer at the same time another involved party files a negligence dispute also against the insurer’s renter. 
When responding to a case, please note the right of recovery and respond accordingly. If the filing concerns concurrent coverage, do not add parties believed to be negligent. The sole issue to be decided in the filing is concurrent coverage. 

If the Recovering party selects the incorrect right of recovery, a jurisdictional exclusion may be raised, or, a request to disqualify the case may be submitted. The Recovering party can then re-file under the correct right of recovery.

Recovering party view

Adverse party view


Article published in: March 2022 E-Bulletin