AF recently facilitated its latest Filer/Responder Workshops on August 26 and 28 with 394 member company representatives in attendance. The purpose of these workshops is to drive decision quality by:   

• Sharing information to improve filing and responding effectiveness.   
• Answering questions attendees have regarding filing and responding workflows and procedures.   

The following topics are key takeaways from the August workshops:   

• Damages sought in AF’s forums cannot include:
  • Expenses associated with investigating and adjusting losses.
  • An insured’s out-of-pocket expenses.
• Do not attach revisit evidence when the following applies:
  • The filer has not supported the damages sought during their initial filing. This evidence cannot be considered.
  • The evidence was already attached to the filing. Address the evidence rather than submitting it a second time.
• Before joining an existing case, please verify that the following information matches your loss (please contact AF before joining if you are unsure or have questions):
  • State
  • Date of loss
  • Insured names
  • Claim numbers
  • Details (i.e., the number of parties involved) 
• Post-Decision Inquiries (PDI)
  • Under Rule 4-2, clerical or jurisdictional errors must be submitted within 30 days of the decision.
  • AF has sole discretion to determine if an error was made.
  • Disagreeing with the arbitrator’s decision or explanation of the decision is not grounds for a PDI.
  • Please only submit one inquiry, even if there are multiple concerns (e.g., policy limits and additional exposures).
  • Provide supporting documentation for Rule 3-9 submissions (policy limits information, prior payment evidence, coverage denial letter, etc.).
• Supplemental Filings
  • The recovering company should include proof of payment to support that the supplemental damages were paid after the initial filing (Rule 5-3).
  • The responding company must raise any argument about the date of payment as a jurisdictional exclusion (i.e., subrogation prohibited) and only if there is a valid reason to believe payment occurred before the initial filing date.
• AF Guides
  • Refrain from using outdated versions of the AF Reference Guide or Guide for Arbitrators as evidence.
  • Save links to the Reference Guide to AF’s Agreements and Rules and the Guide for Arbitrators as favorites in your browser, if permissible. 
  • AF guides are updated on a regular basis.