This article is a companion piece to this video

In this episode of On Subrogation: Special Arbitration, insurance attorney Jason Sullivan talks the Special Forum in Arbitration Forums. What subrogation cases can be heard in the Special Forum? Which are mandatory? And how can subrogation professionals get the details on how it all works?

Special Arbitration: Where Do I File My Subrogation Claim?

Arbitration Forums is a private company created specifically for the insurance industry. Insurance law and the subrogation process are their own unique sector of law, and it is difficult to properly navigate disputes and settlements without specified knowledge. 

Arbitration Forums offers carriers and subrogation professionals designated forums to settle claims out of court, providing an alternate route to subrogation recovery. As Jason notes, AF provides users with a clear and detailed rundown of their rules and common FAQs, so counsel managing subrogation claims can easily find information on the arbitration process.

For more on Arbitration Forums, please read our article, “A Look at Arbitration Forums in the Subrogation Process”, and the accompanying episode of On Subrogation: Arbitration Forums for Subrogation Claims.

Which Subrogation Cases are Heard in the Special Forum at AF?

Arbitration Forums is comprised of several different types of forums, and the forum in which your subrogation claim is heard will depend on what the claim involves. For instance, PIP subrogation cases are heard in PIP Forum. Other cases are heard in Special Forum.

According to Arbitration Forums rules for subrogation arbitration, there are three types of claims that must be heard in Special Forum:

1. Whenever there is a liability apportionment between alleged joint tortfeasors
2. Whenever there is a 1^st or 3^rd party concurrent or overlapping coverage issues
3. Subrogation of a workers’ compensation claim that has already been paid out

What is Different About Subrogating in Special Arbitration?

There are a few other special things to know about Special Arbitration. First, it does not need to be used for PIP coverage. If one carrier pursues another for a subrogation claim that involves PIP, they must file in the PIP Forum. 

This matters if the carrier is a member of one forum and not another. If you are not a member of the relevant AF forum for your claim, you are left with two options: file a subrogation lawsuit or drop the claim altogether.

Another thing to keep in mind about Special Arbitration that is different than other Arbitration Forums is that generally, only the filing party pays a filing fee. However, in the Special Forum, each carrier pays a fee per arbitrator. So, if you want your case heard by 3 arbitrators, each party would pay the filing fee times 3.For more information on Arbitration Forums, visit their website for rules, FAQs, process, and more. And if you’d like to learn more about important topics in subrogation, check out Rathbone Group’s blog, YouTube channel and podcast library for more of our series, On Subrogation, and accompanying articles – your free resources to subrogation education and strategy.