Arbitrator Workshop Recap – August 2026

AF recently facilitated its August Arbitrator workshop with over 490 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.

August’s topics and key takeaways included the following:

Comparative Negligence:

  • Your decision should address comparative negligence arguments.
  • Cases are not always 100%/0%. Apply comparative negligence when appropriate.
  • Do not act as an advocate for any party.
  • Weigh all evidence submitted and explain your findings. 
Proving Damages:
  • AF Rule 3-6 allows for hearing informality and does not impose strict rules of evidence. 
  • Arbitrators should consider all evidence submitted by the parties. 
  • Decisions should be made based on the arbitrator’s assessment of the evidence. 
  • In some cases, invoices and/or photographs may be necessary to prove damage.
Policy Limits/Additional Exposures:
  • Additional Exposures: Damages not sought in the arbitration filing. 
  • Types of additional exposures include:
    • Paid amount 
    • Unpaid amount
    • Undetermined 
  • When deciding if the exposure qualifies as a paid amount, the payment does not need to be shown as cashed. 
  • It is the responding party’s responsibility to properly raise and support its policy limits and any applicable additional exposures.
Rental and Loss of Use:
  • Both rental damages and loss of use could be recoverable for the same claim. 
  • Does the respondent’s evidence support loss of use if not recoverable?
  • Does Alpha’s evidence support the recovery of both rental and loss of use for this filing?
Quick Tips
Payments: 
  • Prior Payments: Payments made by the responding party that are supported as cleared, cashed, honored, or paid via Electronic Funds Transfer (EFT). This also includes double-dip situations. 
  • Additional Exposures: Damages not being sought in the arbitration filing that would be paid from the responding party’s policy limits. 
Jurisdiction:
  • In Jurisdiction: The matter is within your authority as an AF arbitrator to decide liability coverage and/or damages.
  • Out of Jurisdiction: The matter falls outside of AF’s authority to decide liability coverage and/or damages.
Rule 2-10:
  • A jurisdictional exclusion is waived if it is available when the deferment is made but is not asserted. However, this does not prohibit the responding company from subsequently asserting a jurisdictional exclusion at the time it becomes available.
Our next arbitrator workshop will be held on October 27 and October 29 at 2 p.m. ET. Visit the Training Enrollment page to enroll. We hope to see you there!

The information provided is for general informational purposes only and should not be submitted in cases as evidence.