A decision may be appealed on a case when the Company Claim Amount is at least $10,000. The appeal process is described in Rule 2-12.

Yes, but only with their written consent. The nonmember's answer to a filing also implies consent and indicates an acceptance of a final and binding decision. A non-member who wishes to file should provide the consent of the member company with the filing. Once a party consents to arbitrate, the consent may not be withdrawn.

Yes, but only if you don’t assert policy limits, where provided, attach evidence to support the limit amount, and include any additional exposures, if applicable. This is typically done when responding to a filing but can also be submitted as a post-decision inquiry within 60 days of the decision publication date (Rule 3-9).

Yes, a company has the option to file a companion claim, so long as it arises from the same loss for the same line of coverage/coverage group (Property). The Property arbitration panel will hear all Property companion claims when the related feature is selected at the time of submission.

An email notification is sent as soon as the decision is published. All decisions are available from the blue ellipsis found on the TRS Worklist. 

AF will assign arbitrator(s) based upon the Company Claim Amount using the following criteria:
 

1. Under $15,000 - one arbitrator
2. $15,000 and above - one arbitrator unless three are requested. A party requesting a three person panel will be charged a fee.

The filing company would have two options. First, they could re-file arbitration if/once reasonable accommodations for the inspection of the defective part were made as a result of the arbitrator's decision (since the objection to jurisdiction would be removed). If reasonable accommodations could not be made, i.e. the defective part is not available for inspection, then the filing company would be free to pursue the matter outside of arbitration. The rationale for this is that the Courts have more formal rules of evidence for these types of situations.

Yes, but only if you are looking for reimbursement for money paid to your insured for a claim arising out of the same loss. As responder, you must answer “Yes” to add damages and complete the counterclaim workflow by entering your itemized damage amounts.

There is no time limit to filing other than the Statute of Limitations if raised by a responding party. It is a good idea to file at least 120 days before the statute of limitations when possible. This leaves time for other action(s) if the responder raises a valid objection to jurisdiction.

• As a condition precedent to using the rules and regulations, the parties should attempt to settle before filing in Arbitration. However, at a minimum the correct and current claim representative's name and address, the insured name, and claim number of the adverse party must be provided.
• Confirm whether adverse carrier or self-insured is signatory to Property Arbitration Agreement.

These are considered one claim to be filed on one application and would be subject to a single forum limit of $100,000. If the aggregate amount of these payments exceeds the $100,000 compulsory limit, the filing party would need to be willing to limit their recovery to the forum limit, or both parties would need to consent to arbitrate the case. If the filing party were to file them separately, the responder could assert a jurisdictional exclusion that jurisdiction is lacking since the aggregate amount exceeds the compulsory limit.

Property Cases may be heard by AF staff arbitrators or member arbitrators from the signatory companies. All arbitrators who decide Property disputes have significant claims experience. Each member arbitrator must be recommended by their supervisor/manager and must be certified by AF confirming their claims knowledge and their understanding of Property Forum rules.

Subrogation claims based on either negligence or concurrent coverage involving homeowners, commercial property, inland marine coverage, and damage to vessels on navigable waters within the geographic limits of one state.

• The compulsory limit is $100,000.
• AF considers a claim and a counterclaim as separate claims.
• AF considers a claim and a companion claim for a different line of coverage as separate claims. As such, each claim has its own monetary limit.

Formal rules of evidence do not apply, so you may submit any materials that support your position, including expert reports, briefs of law, photographs, statements, etc.

The filing company pays the filing fee. View AF’s current filing fees.

• Eliminates the need for expensive and drawn out litigation to recover from negligent third party insurer or self insured.
• Simple and easy for an adjuster to use
• Decisions are made by qualified Claims professionals
• No formal rules of evidence apply
• Decisions are private

After a filing is submitted, you will see the Response Due Date or the status as Ready to Hear. The majority of filings are heard within 30 days of being submitted should you wish to set a diary.

Yes, the arbitrator(s) will provide an explanation for their decision and note the supporting evidence for that finding.