AF recently facilitated its May arbitrator workshop with over 425 member arbitrators in attendance. The purpose of these 30-minute workshops is to drive decision quality by:

• Sharing information with arbitrators on recent decision quality trends and drivers.
• Answering questions arbitrators may have on hearing cases.

May’s topics and key takeaways include the following:

Invoices, Photos, and Proving Damages

• Rule 3-6 notes that hearings are informal.
• Arbitrators are to accept any and all listed evidence as outlined under Rule 3-6. This excludes links to evidence to outside website sources or audio of a recorded statement taken by a claim’s professional, etc.
• AF does not have a rule stating invoices and photos are not required to prove damages.
• Invoices and photos may be needed if there is no other evidence to support and explain the damages or repair amount. 

Decision Explanations

• Address the evidence that supports the party’s argument. 
• Explain how and which evidence supports the loss theory, damages sought, or the damage dispute. 
• Do not use templates or generic language. 
• Do not raise issues not argued by the parties or that are not supported by the evidence. 

Quick Tips

• Payments made toward additional exposures can show as issued and not paid. 
• Regardless of where it is attached, all evidence must be considered. There are three exceptions:
  • Damage evidence in the Auto forum must be attached to the damages section. 
  • In a deferment hearing, the only evidence an arbitrator can view is evidence the members have attached to the deferment section. 
  • When a jurisdictional exclusion or affirmative pleading is raised, Rule 2-4 states the parties must raise and support pleadings or jurisdictional exclusions where provided.
• A screenshot of the responding company’s policy limit is adequate to prove the limit. 
• Avoid using “per AF” or “AF does not require” language. 
• Rebuttal evidence is allowed if it is attached directly to refute the responding company’s damage dispute. 
  • Evidence must be submitted with the initial filing to support the amount sought. 
  • Acceptable rebuttal evidence includes the following: 
    • An estimate proving a vehicle is a total loss
    • An invoice that provides a breakdown of the storage damages
    • Photos that illustrate the vehicle’s pre-loss condition
• Embedded evidence comments must summarize the evidence contents. 
• Acceptance of liability in E-Subro Hub 
  • There are no formal rules in E-Subro Hub.
  • It is a different product from TRS arbitration.
  • If the responding company is now disputing liability, typically, they will need to explain why the offer is being rescinded (i.e., new evidence). 
  • As with any prior settlement offer, it is at the arbitrator’s discretion to determine if it applies to the arbitration filing. 
• As noted under Article Fifth, AF makes and interprets the rules.

Our next arbitrator workshop will be held on July 29 and 31 at 2 p.m. ET. We hope to see you there!