Indiana Intercompany Arbitration
Intercompany Arbitration is a form of Alternative Dispute Resolution. It is a process in which a neutral third person or a panel considers the facts and arguments which are presented by the parties and renders a decision. The Intercompany Arbitration process is governed by previously agreed upon rules and procedures and decisions are binding in most cases. Intercompany Arbitration is less costly and time-consuming than litigation; however, there is no opportunity to cross-examine witnesses and the rules of evidence do not apply. If all parties involved are signatories of an Intercompany Arbitration agreement, then the parties are required to arbitrate.
Denial of coverage
It is important to make sure your claim can be heard in Intercompany Arbitration before proceeding with the claim. By demanding that the matter be placed in Intercompany Arbitration, the adverse party is affirming that arbitration has jurisdiction over the dispute and waives any affirmative defense regarding jurisdiction once arbitration is filed. Most Intercompany Arbitration agreements place a maximum on the amount of a claim that can be heard by the arbitrator. For example, a common limit is a $100,000 claim amount for Automobile, Medical Payment, Property, and Uninsured Motorists claims. Further, if coverage is denied, then Intercompany Arbitration is probably not the proper forum for the case. If there is a denial of coverage, the Intercompany Arbitration case may be administratively closed as lacking jurisdiction.
Limitations and deadlines in Intercompany Arbitration
It is also vital to recognize time limits and deadlines. When a matter that should have been filed in Intercompany Arbitration is filed in court, the party filing in court must dismiss the suit within 60 calendar days of notification of the adverse party’s signatory status. If the suit is not dismissed within this time, the party seeking removal of the litigation may be entitled to statutory interests and all costs and expenses. If the applicable statute of limitations has expired, the filing of the suit will toll the statute of limitations for 60 calendar days from the suit dismissal. If arbitration is not filed within 60 calendar days of the dismissal, the expiration of the statute of limitations may be asserted as an affirmative defense.
An experienced subrogation attorney can help obtain a favorable Intercompany Arbitration ruling in Indiana. Consult with one of our subrogation lawyers early in your claim to maximize your chances of recovery.