ArbItRite® Rules and Procedures for Insurance Disputes
The ArbItRite®process is designed to provide a quick, cost effective, and legally sound way to resolve disputes over commercial insurance coverage within a timeframe set by the Parties: the process is completed and a decision is rendered in days, not months. ArbItRite® is an alternative to, not a species of, traditional dispute resolution methods. Parties that agree to ArbItRite® do not need discovery, do not want motion practice or hearings, and are paying for an efficiently rendered, unbiased decision written by experts in the field of insurance coverage. Once each side submits its anonymous Case Statement with redacted Exhibits, the case is decided on the merits alone, in a timeframe set by you, not us. As such, the Rules and Procedure are simple.
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ArbItRite® Procedure
Once the parties execute an ArbItRite® Agreement, which designates whether the decision will be advisory or binding, they are assigned a Coordinator who sets a schedule to guide them through the 5 part process at their chosen pace. The Parties must first pay a comprehensive non-refundable fee of $25,000.
Part 1 - Compilation & Redaction: The policy(ies) of insurance at issue, any relevant pleadings, and any exhibits that a party wishes to submit for use by the ArbItRite Panel are exchanged by the adversaries, redacted by the producing party and uploaded to the confidential website, www. ArbItRite.com. (If the parties request it, redaction can be performed by ArbItRite’s confidential staff at an additional fee ($5,000 per 500 pages).)
Part 2 - Objections: Each party may simultaneously file objections to the exhibit(s) submitted by its adversary, on a date set by the parties.
Part 3 - Argument: Each party may simultaneously upload a detailed, but anonymous, Statement (not to exceed 20 typed double-spaced pages) to argue its case, on a date set by the parties. A Response (not to exceed 10 pages double-spaced pages) may be uploaded if the Parties agree and designate a date for simultaneous submission.
Part 4 - Submission: Once these redacted materials have been compiled, the Parties will be notified by their Coordinator that the file has been submitted to an ArbItRite® Panel consisting of three Neutrals, two experienced coverage attorneys selected to present the Claimant’s and Respondent’s positions respectively, and a retired judge who serves as umpire to resolve any disputes or ties.
Part 5 - Consideration and Decision. The Panel may make clarifying inquiries to the Parties' representatives via the Coordinator, but must perform its review, and complete any legal research so as to render its written decision within the timeframe set by the Parties, np less than 7 business days from Submission.
ArbItRite® Rules
ArbItRite® Procedure
Once the parties execute an ArbItRite® Agreement, which designates whether the decision will be advisory or binding, they are assigned a Coordinator who sets a schedule to guide them through the 5 part process at their chosen pace. The Parties must first pay a comprehensive non-refundable fee of $25,000.
Part 1 - Compilation & Redaction: The policy(ies) of insurance at issue, any relevant pleadings, and any exhibits that a party wishes to submit for use by the ArbItRite Panel are exchanged by the adversaries, redacted by the producing party and uploaded to the confidential website, www. ArbItRite.com. (If the parties request it, redaction can be performed by ArbItRite’s confidential staff at an additional fee ($5,000 per 500 pages).)
Part 2 - Objections: Each party may simultaneously file objections to the exhibit(s) submitted by its adversary, on a date set by the parties.
Part 3 - Argument: Each party may simultaneously upload a detailed, but anonymous, Statement (not to exceed 20 typed double-spaced pages) to argue its case, on a date set by the parties. A Response (not to exceed 10 pages double-spaced pages) may be uploaded if the Parties agree and designate a date for simultaneous submission.
Part 4 - Submission: Once these redacted materials have been compiled, the Parties will be notified by their Coordinator that the file has been submitted to an ArbItRite® Panel consisting of three Neutrals, two experienced coverage attorneys selected to present the Claimant’s and Respondent’s positions respectively, and a retired judge who serves as umpire to resolve any disputes or ties.
Part 5 - Consideration and Decision. The Panel may make clarifying inquiries to the Parties' representatives via the Coordinator, but must perform its review, and complete any legal research so as to render its written decision within the timeframe set by the Parties, np less than 7 business days from Submission.
ArbItRite® Rules
- The Parties’ redacted statement(s) and exhibit(s) must be true, accurate and submitted under oath.
- All exhibits (including documents and digital items) uploaded for consideration by the ArbItRite® Panel must be redacted and pre-exchanged with each adversary.
- The Panel will only contact a Party Representative via the Coordinator to obtain clarifying information.
- The ArbItRite®Panel is sworn to apply the law so as to reach a correct and just decision in the time allowed.
- The Parties and Neutrals will maintain anonymity through the Decision Date, at which time, in cases designated as binding, ArbItRite® will issue a written Opinion (if requested) and an enforceable arbitration Award that identifies all Parties. Arbitration Awards may be enforced as a judgment in all state and federal courts in the United States.
- ArbItRite's file will be destroyed 30 days after the date its written Opinion or Award is emailed to the Parties.