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NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/03/2024
EXHIBIT A
Filed in Orange County 05/03/2024 04:02:23 PM $0.00 Bk: 5157 Pg: 1373 Index: # EF003572-2024 Clerk: MB
FILED: ORANGE COUNTY CLERK 05/03/2024 04:02 PM INDEX NO. EF003572-2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/03/2024
ARBl RA®ON FORUMS, INC.
Industry.crea/ed Membership dNven.
Arbitration Forums, Inc. Rules
Effective January 1, 2015
The following rules am made and administered by Arbitration Forums, Inc. (AF) under the
authority of Article Fifth (a) of the various Arbitration Agreements. As a condition precedent to
using these rules, the parties should attempt to settle the subject dispute prior to filing arbitration.
The filing company, at a minimum, must list the correct and current address, insured name, and
claim file number (or policy number if claim file number is unknown) for the
representative/company handling the claim for the adverse party. Failure to list current and
correct information may cause a filing to be closed or a decision to be voided.
SECTION ONE
Jurisdiction
1-1 The Agreements limit jurisdiction to accidents or losses occurring in the United States,
Puerto Rico, and the U.S. Virgin Islands. For PIP Arbitration, jurisdiction conforms to the statute
or endomement giving recovery rights in the state in which the accident occurred (theprogram
does not apply to claims arising from an out-of-state accident). For Medical Payments
Arbitration, compulsory arbitration is applicable in states where medical payment subrogation
claims are permitted by statute or judicial decision.
1-2 When a matter that should have been filed in arbitration under one of the Agreements is
placed in litigation, the party filing in litigation must dismiss/discontinue the suit within 60
calendar days of notification of the adverse party's signatory status. By demanding that the
matter be placed in arbitration, the adverse party is affinning that arbitration has jurisdiction over
the dispute and thereby waives any affmnative defense regarding jurisdiction once arbitration is
filed. If the suit is not dismissed/discontinued, the party seeking removal of the litigation may be
entitled to statutory interests and all costs and expenses the court deems appropriate. If the
applicable statute of limitations has expired, the filing of suit will toll the statute of limitation for
60 calendar days from the suit dismissal/discontinuance. If arbitration is not filed within 60
calendar days of the dismissal/discontinuance, the expiration of the statute of limitations may be
asserted as an affirmative defense.
1-3 Compulsory arbitation is applicable to a maximum of
- $100,000 Claim Amount in the Medical and
Company Automobile, Payment, Property,
Uninsured Motorists Forums.
- $250,000 Contribution Sought Amount in the Special Arbitration Forum.
- The limit governed the statute or endorsement the subrogation or direct action
by creating
recovery right in the PIP Forum.
(a) AF considers claims for separate parties arising out of the same accident, occurrence, or event
as separate claims.
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(b) AF considers a claim and companion claim(s) for different lines of coverage as separate
claims.
(c) The legal fees are not considered part of the program limit unless the policy limit includes
legal fees.
(d) The deductible is not included as part of company claim amount.
1-4 A msponding company may add other members or consenting nonmembers and/or argue the
negligence of the unnamed party(ies). Upon receipt of the answer, the filing company may
amend its application to add other members or consenting nonmembers or withdraw its filing to
pursue recovery by other means. If the filing company allows the case to be heard, it thereby
agrees to accept the award, if any, against any responding company and waive its right to pursue
the balance directly from any other party,
SECTION TWO
Procedure
2-1 The filing company initiates arbitration by filing via AF's Web site. All amendments,
reschedule requests, and evidence submissions (excluding physical evidence) must be received
by the Materials Due Date posted by AF.
Special Arbitration should be filed within 180 calendar days of payment to the claimant or the
delay may be asserted as an affirmative defense if it can be shown to have caused prejudice to
the party raising the defense.
2-2 The responding company shall answer via AF's Web site. The answer, as well as any
amendments, reschedule requests, and evidence submissions (excluding physical evidence), must
be received by the Materials Due Date posted by AF.
If the responding company has a counterclaim, it must include it when it responds online. It must
be heard with the original arbitration case or recovery is barred. The sole exception is where the
responding company shows through documentary evidence that payment to its insured was made
after the Materials Due Date for the original filing or anytime thereafter. Filing a counterclann is
the only way a responding company may collect its damages fiom the filing company.
2-3 If seeking legal fees, a company must list these amounts or they are waived; the justification
for them must be supported in the contentions; and the supports listed and submitted as evidence.
2-4 The parties must raise and support affirmative pleadings or defenses in the Affinnative
Pleadings/Defenses section or they are waived. If a denial/disclaimer of coverage is being pled
(see definition of Denial/Disclaimer of Coverage (b)), the case will be administratively closed as
lacking jurisdiction so long as a copy of the denial/disclaimer of coverage letter to the party
seeking liability coverage for the loss is pmvided as part of the evidentiary material submitted. If
no such letter is provided or where the issue concerns concurrent coverage (Article First (b),
Special Arbitration Agreement), the case will be heard and the arbitrator(s) will consider and rule
on the coverage defense.
!
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2-5 If a responding company disputes damages, it must present all damages arguments and
disputed dollar amounts, if known, in the Dispute Damages section. Arguments raised in any
other section will not be considered by the arbitrator. This includes, but is not limited to, issues
such as repair and/or rental amounts, causation, and partial exclusions.
2-6 All companion claims will be heard together if
(a) they are related by the parties online or
(b) the parties notify AF of the relationship prior to one of them being heard.
2-7 The filing company must immediately withdraw its application online if the dispute is
resolved, or immediately notify AF. Upon notification, AF will withdraw the case from
arbitration.
2-8 If the responding company pleads an affirmative defense and AF or the arbitrator closes the
case based on no jurisdiction and it is subsequently discovered that arbitration was properly filed,
the filing company may re-file the case in arbitration. The responding company will reimburse
the filing company for all reasonable legal expenses and court costs resulting from the improper
objection to jurisdiction as well as the additional arbitration filing fee.
2-9 Each party is permitted one reschedule of the Materials Due Date if selected
(a) by the Materials Due Date or
(b) within three business days after the Materials Due Date, so long as the party has already
submitted its documentation pursuant to Rule 2-1 or Rule 2-2.
AF will notify all parties of the new Materials Due Date. AF will charge the requesting party a
fee. Additional reschedules may be granted with consent of all parties.
Companion cases that are related to be heard together will be treated as one claim (i.e., only one
reschedule per party for all cases).
2-10 Each party may request a one-year deferment and must provide the basis for the request in
the Deferment Justification section. There will be no fee for an initial deferment request.
Deferment requests by the filing company will be automatically granted. A msponding company
may challenge the request if it believes the delay is not warranted. If challenged, the case will be
heard and the arbitrator(s) will consider the validity of the request. If the request is upheld, the
case will be deferred for one year from the date of filing. If the request is denied, the arbitrator
will continue to hear the disputed issues.
Deferment requests by a responding company will be automatically challenged and the same
process as outlined above will be followed.
Companion cases that are related to be heard together will be treated as one claim (i.e., a
deferment request applies to all related cases).
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Any subsequent defennent requests will follow the above procedure. AF will charge the
requesting party a fee for subsequent request(s).
An affirmative defense is waived if it is available when the deferment request is made but is not
asserted. This does not prohibit the responding company from subsequently asserting an
affirmative defense at the time it becomes available.
2-11 For product liability cases, reasonable accommodations should be made for the inspection
of the alleged defective product(s). Failure to do so may result in case withdrawal if raised as an
affirmative defense and proven to be critical to defense of the claim.
2-12 Any party that participated in the original hearing may appeal a decision in the Property and
Special Forums so long as the Company Claim Amount is $10,000 and above (Property); the
Total Settlement Amount is $100,000 and above (Special).
(a) The appeal indicating the alleged error by the original arbitrator/panel must be submitted via
AF's Web site within thirty (30) calendar days of the decision publication date.
(b) AF will notify the adverse party which will have thirty (30) calendar days from AF's
notification to submit its response to the appeal via AF's Web site. A party waives its right to
respond if its response is not timely received.
(c) AF will have the original file, decision, and appeal positions reviewed by an appeal panel
determined by AF. No arbitrator from the original panel will sit on the appeal panel. No
additional documentation or evidence is allowed. No personal appearances (i.e., company
representative, witness, expert) any type (i.e., telephone,
of videoconfemncing, etc.) are allowed,
even if such appearance was made when the case was originally heard. The appeal panel will
review only the original file, decision, and the appeal positions.
(d) The appeal decision will be final and binding with no right to further review, appeal, or
inquiry.
AF will charge a substantial, non-refundable fee to the party filing the appeal.
SECTION THREE
Hearings
3-1 AF will notify the parties at least 30 calendar days prior to the initial Materials Due Date and
of any subsequent changes. For Special Arbitration cases, AF will give notice at least 50
calendar days prior to the initial Materials Due Date.
3-2 A case will be heard even if a responding company fails to answer.
3-3 One arbitrator will hear a case unless a three-person panel is requested based on the
following limits:
Medical or PIP Forum - Claim Amount of $7,500 and above
Automobile, Payment, Company
or Special Forum - Claim Contribution Sought or Legal Fees
Property Company Amount, or,
Sought of $15,000 and above.
A party requesting a three-person panel will be charged a three-person panel fee.
02015 Arbitration Inc. Forum Rules - Effective
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When companion cases are filed in multiple forums and a three-person panel is desired, the
following forum order will be used to detennine which monetary limit applies: Special, Property,
PIP, Med Pay, Auto.
3-4 The arbitrator(s) may grant an adjournment for cause or to request briefs of law or
clarification of submitted materials (including policy limit issues). AF will notify the parties of
the Materials Due Date for the requested items. If the requested documents are not submitted by
the Materials Due Date, the case will be heard without them.
3-5 The arbitrator(s) may only consider
(a) Affirmative pleadings or affirmative defenses included in the Affinnative Pleading/Defense
section
(b) Deferment requests that are supported in the Defennent Justification section
(c) Evidence listed
(d) Amount entered as the Company Claim Amount, Contribution Sought Amount, and/or Legal
fees
(e) Disputed damages if specifically pled in the Dispute Damages section.
3-6 Procedure at arbitration hearings is informal and confidential. Formal rules of evidence do
not apply. No recording of the proceedings, in any manner, is allowed.
3-7 A party may be present when a case is heard or present witnesses. The intent to do so must
be noted on the filing.
(a) the representative may only clarify, at the arbitrator's request, its contentions and submitted
evidence.
(b) Insureds or witnesses may not appear without the presence of a company representative.
(c) Insureds or witnesses may appear only if their written or transcribed recorded statement or
report is listed as evidence and their appearance is known to AF and all parties. They may only
clarify, at the arbitrator's request, such statement or report for the arbitrator and may not present
testimony or additional evidence. Specifically, witness testimony is not evidential.
(d) All parties will be dismissed after their appearance and will be subsequently notified of the
decision.
3-8 No arbitrator will hear a case in which he/she personally or his/her company has any direct
or indimet material intemst.
3-9 A responding company may assert no coverage, a denial of coverage, or a policy limits
defense via AF's Web site up to 60 calendar days from the publication of the decision if the
(a) filing company made its filing at least 120 calendar days before the statute of limitations
expires; and
(b) responding company pleads its defense at least 60 calendar days before the statute of
limitations expires.
A copy of the denial of coverage letter to the party seeking coverage for the loss or pmof of
policy limits must accompany the inquiry or no action can be taken,
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When an award exceeds policy limits, the filing company will have the option to accept the
policy limits as final settlement and forego recovery of the claim against the insured directly or
have the decision voided to pursue alternative means of full recovery.
SECTION FOUR
Decisions
4-1 Arbitration panels may not render default judgments. Decisions must be based on the
evidence submitted. In the Uninsured Motorists Forum, the filing company must establish its
basis for challenging the adverse company's denial of coverage and/or why the adverse company
should reimburse the UM settlement. Liability and damages will not be disputed.
4-2 Pursuant to Article Third, the arbitrating companies must notify AF of a clerical or
jurisdictional error via AF's Web site within 30 calendar days after the decision's publication
date. The determination as to whether or not an actual ermr was made is at AF's sole discretion
and is not subject to further review, appeal, or inquiry. AF may also find and correct clerical or
jurisdictional errors without notice from the arbitrating companies within 30 calendar days after
publication of the decision.
4-3 Decisions will be posted on the AF Web site after the case is heard. Electronic signature(s) of
the arbitrator(s) will be used.
SECTION FlVE
Awards
5-1 The parties shall pay all awards within thirty (30) calendar days of the decision publication
date. Payments made as a result of the award are to be made only to the filing company and must
include any deductible interest, if applicable, in the interest of good will between the companies.
5-2 When a party(ies) does not honor the award within thirty (30) calendar days after publication
(a) The prevailing company's local representative must immediately send a written request for
payment to the adverse company's local senior representative, addressing him/her by name.
(b) If the award remains unpaid thirty (30) calendar days after written request for payment, the
company should send a copy of the letter to AF requesting assistance with the award payment.
(c) AF will notify the non-paying company.
(d) If the award remains unpaid for an additional thirty (30) calendar days, the company may
seek legal recourse in pursuit of collection and is entitled to
statutory intemsts and all legal fees
and costs incurred in pursuing collection until the award is paid.
5-3 In the Automobile,
Property and Special (for workers compensation subrogation claims)
programs, a filing company can file for supplemental damages paid after the Materials Due Date
of the original hearing or anytime thereafter. In the PIP and Medical Payments programs, a filing
company can file for supplemental damages paid after the initial filing, if these damages are
contested by the responding company. In all programs, the original liability decision is res
judicata, The sole issue in these filings is the supplemental damages.
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FILED: ORANGE COUNTY CLERK 05/03/2024 04:02 PM INDEX NO. EF003572-2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/03/2024 EXHIBIT A Filed in Orange County 05/03/2024 04:02:23 PM $0.00 Bk: 5157 Pg: 1373 Index: # EF003572-2024 Clerk: MB FILED: ORANGE COUNTY CLERK 05/03/2024 04:02 PM INDEX NO. EF003572-2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/03/2024 ARBl RA®ON FORUMS, INC. Industry.crea/ed Membership dNven. Arbitration Forums, Inc. Rules Effective January 1, 2015 The following rules am made and administered by Arbitration Forums, Inc. (AF) under the authority of Article Fifth (a) of the various Arbitration Agreements. As a condition precedent to using these rules, the parties should attempt to settle the subject dispute prior to filing arbitration. The filing company, at a minimum, must list the correct and current address, insured name, and claim file number (or policy number if claim file number is unknown) for the representative/company handling the claim for the adverse party. Failure to list current and correct information may cause a filing to be closed or a decision to be voided. SECTION ONE Jurisdiction 1-1 The Agreements limit jurisdiction to accidents or losses occurring in the United States, Puerto Rico, and the U.S. Virgin Islands. For PIP Arbitration, jurisdiction conforms to the statute or endomement giving recovery rights in the state in which the accident occurred (theprogram does not apply to claims arising from an out-of-state accident). For Medical Payments Arbitration, compulsory arbitration is applicable in states where medical payment subrogation claims are permitted by statute or judicial decision. 1-2 When a matter that should have been filed in arbitration under one of the Agreements is placed in litigation, the party filing in litigation must dismiss/discontinue the suit within 60 calendar days of notification of the adverse party's signatory status. By demanding that the matter be placed in arbitration, the adverse party is affinning that arbitration has jurisdiction over the dispute and thereby waives any affmnative defense regarding jurisdiction once arbitration is filed. If the suit is not dismissed/discontinued, the party seeking removal of the litigation may be entitled to statutory interests and all costs and expenses the court deems appropriate. If the applicable statute of limitations has expired, the filing of suit will toll the statute of limitation for 60 calendar days from the suit dismissal/discontinuance. If arbitration is not filed within 60 calendar days of the dismissal/discontinuance, the expiration of the statute of limitations may be asserted as an affirmative defense. 1-3 Compulsory arbitation is applicable to a maximum of - $100,000 Claim Amount in the Medical and Company Automobile, Payment, Property, Uninsured Motorists Forums. - $250,000 Contribution Sought Amount in the Special Arbitration Forum. - The limit governed the statute or endorsement the subrogation or direct action by creating recovery right in the PIP Forum. (a) AF considers claims for separate parties arising out of the same accident, occurrence, or event as separate claims. O2015 Arbitration Forums, Inc. Forum Rules - Efective ),2015 1 January FILED: ORANGE COUNTY CLERK 05/03/2024 04:02 PM INDEX NO. EF003572-2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/03/2024 (b) AF considers a claim and companion claim(s) for different lines of coverage as separate claims. (c) The legal fees are not considered part of the program limit unless the policy limit includes legal fees. (d) The deductible is not included as part of company claim amount. 1-4 A msponding company may add other members or consenting nonmembers and/or argue the negligence of the unnamed party(ies). Upon receipt of the answer, the filing company may amend its application to add other members or consenting nonmembers or withdraw its filing to pursue recovery by other means. If the filing company allows the case to be heard, it thereby agrees to accept the award, if any, against any responding company and waive its right to pursue the balance directly from any other party, SECTION TWO Procedure 2-1 The filing company initiates arbitration by filing via AF's Web site. All amendments, reschedule requests, and evidence submissions (excluding physical evidence) must be received by the Materials Due Date posted by AF. Special Arbitration should be filed within 180 calendar days of payment to the claimant or the delay may be asserted as an affirmative defense if it can be shown to have caused prejudice to the party raising the defense. 2-2 The responding company shall answer via AF's Web site. The answer, as well as any amendments, reschedule requests, and evidence submissions (excluding physical evidence), must be received by the Materials Due Date posted by AF. If the responding company has a counterclaim, it must include it when it responds online. It must be heard with the original arbitration case or recovery is barred. The sole exception is where the responding company shows through documentary evidence that payment to its insured was made after the Materials Due Date for the original filing or anytime thereafter. Filing a counterclann is the only way a responding company may collect its damages fiom the filing company. 2-3 If seeking legal fees, a company must list these amounts or they are waived; the justification for them must be supported in the contentions; and the supports listed and submitted as evidence. 2-4 The parties must raise and support affirmative pleadings or defenses in the Affinnative Pleadings/Defenses section or they are waived. If a denial/disclaimer of coverage is being pled (see definition of Denial/Disclaimer of Coverage (b)), the case will be administratively closed as lacking jurisdiction so long as a copy of the denial/disclaimer of coverage letter to the party seeking liability coverage for the loss is pmvided as part of the evidentiary material submitted. If no such letter is provided or where the issue concerns concurrent coverage (Article First (b), Special Arbitration Agreement), the case will be heard and the arbitrator(s) will consider and rule on the coverage defense. ! C2015 Arbitration Forums, Inc. Forwn Rules - Effective 1, 2015 2 January FILED: ORANGE COUNTY CLERK 05/03/2024 04:02 PM INDEX NO. EF003572-2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/03/2024 2-5 If a responding company disputes damages, it must present all damages arguments and disputed dollar amounts, if known, in the Dispute Damages section. Arguments raised in any other section will not be considered by the arbitrator. This includes, but is not limited to, issues such as repair and/or rental amounts, causation, and partial exclusions. 2-6 All companion claims will be heard together if (a) they are related by the parties online or (b) the parties notify AF of the relationship prior to one of them being heard. 2-7 The filing company must immediately withdraw its application online if the dispute is resolved, or immediately notify AF. Upon notification, AF will withdraw the case from arbitration. 2-8 If the responding company pleads an affirmative defense and AF or the arbitrator closes the case based on no jurisdiction and it is subsequently discovered that arbitration was properly filed, the filing company may re-file the case in arbitration. The responding company will reimburse the filing company for all reasonable legal expenses and court costs resulting from the improper objection to jurisdiction as well as the additional arbitration filing fee. 2-9 Each party is permitted one reschedule of the Materials Due Date if selected (a) by the Materials Due Date or (b) within three business days after the Materials Due Date, so long as the party has already submitted its documentation pursuant to Rule 2-1 or Rule 2-2. AF will notify all parties of the new Materials Due Date. AF will charge the requesting party a fee. Additional reschedules may be granted with consent of all parties. Companion cases that are related to be heard together will be treated as one claim (i.e., only one reschedule per party for all cases). 2-10 Each party may request a one-year deferment and must provide the basis for the request in the Deferment Justification section. There will be no fee for an initial deferment request. Deferment requests by the filing company will be automatically granted. A msponding company may challenge the request if it believes the delay is not warranted. If challenged, the case will be heard and the arbitrator(s) will consider the validity of the request. If the request is upheld, the case will be deferred for one year from the date of filing. If the request is denied, the arbitrator will continue to hear the disputed issues. Deferment requests by a responding company will be automatically challenged and the same process as outlined above will be followed. Companion cases that are related to be heard together will be treated as one claim (i.e., a deferment request applies to all related cases). 02015 Arbitration Inc. Formn Rules - Effective 3 Formns, Janumy 1, 2015 FILED: ORANGE COUNTY CLERK 05/03/2024 04:02 PM INDEX NO. EF003572-2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/03/2024 Any subsequent defennent requests will follow the above procedure. AF will charge the requesting party a fee for subsequent request(s). An affirmative defense is waived if it is available when the deferment request is made but is not asserted. This does not prohibit the responding company from subsequently asserting an affirmative defense at the time it becomes available. 2-11 For product liability cases, reasonable accommodations should be made for the inspection of the alleged defective product(s). Failure to do so may result in case withdrawal if raised as an affirmative defense and proven to be critical to defense of the claim. 2-12 Any party that participated in the original hearing may appeal a decision in the Property and Special Forums so long as the Company Claim Amount is $10,000 and above (Property); the Total Settlement Amount is $100,000 and above (Special). (a) The appeal indicating the alleged error by the original arbitrator/panel must be submitted via AF's Web site within thirty (30) calendar days of the decision publication date. (b) AF will notify the adverse party which will have thirty (30) calendar days from AF's notification to submit its response to the appeal via AF's Web site. A party waives its right to respond if its response is not timely received. (c) AF will have the original file, decision, and appeal positions reviewed by an appeal panel determined by AF. No arbitrator from the original panel will sit on the appeal panel. No additional documentation or evidence is allowed. No personal appearances (i.e., company representative, witness, expert) any type (i.e., telephone, of videoconfemncing, etc.) are allowed, even if such appearance was made when the case was originally heard. The appeal panel will review only the original file, decision, and the appeal positions. (d) The appeal decision will be final and binding with no right to further review, appeal, or inquiry. AF will charge a substantial, non-refundable fee to the party filing the appeal. SECTION THREE Hearings 3-1 AF will notify the parties at least 30 calendar days prior to the initial Materials Due Date and of any subsequent changes. For Special Arbitration cases, AF will give notice at least 50 calendar days prior to the initial Materials Due Date. 3-2 A case will be heard even if a responding company fails to answer. 3-3 One arbitrator will hear a case unless a three-person panel is requested based on the following limits: Medical or PIP Forum - Claim Amount of $7,500 and above Automobile, Payment, Company or Special Forum - Claim Contribution Sought or Legal Fees Property Company Amount, or, Sought of $15,000 and above. A party requesting a three-person panel will be charged a three-person panel fee. 02015 Arbitration Inc. Forum Rules - Effective Fonuns, Jammiy 1, 2015 4 FILED: ORANGE COUNTY CLERK 05/03/2024 04:02 PM INDEX NO. EF003572-2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/03/2024 When companion cases are filed in multiple forums and a three-person panel is desired, the following forum order will be used to detennine which monetary limit applies: Special, Property, PIP, Med Pay, Auto. 3-4 The arbitrator(s) may grant an adjournment for cause or to request briefs of law or clarification of submitted materials (including policy limit issues). AF will notify the parties of the Materials Due Date for the requested items. If the requested documents are not submitted by the Materials Due Date, the case will be heard without them. 3-5 The arbitrator(s) may only consider (a) Affirmative pleadings or affirmative defenses included in the Affinnative Pleading/Defense section (b) Deferment requests that are supported in the Defennent Justification section (c) Evidence listed (d) Amount entered as the Company Claim Amount, Contribution Sought Amount, and/or Legal fees (e) Disputed damages if specifically pled in the Dispute Damages section. 3-6 Procedure at arbitration hearings is informal and confidential. Formal rules of evidence do not apply. No recording of the proceedings, in any manner, is allowed. 3-7 A party may be present when a case is heard or present witnesses. The intent to do so must be noted on the filing. (a) the representative may only clarify, at the arbitrator's request, its contentions and submitted evidence. (b) Insureds or witnesses may not appear without the presence of a company representative. (c) Insureds or witnesses may appear only if their written or transcribed recorded statement or report is listed as evidence and their appearance is known to AF and all parties. They may only clarify, at the arbitrator's request, such statement or report for the arbitrator and may not present testimony or additional evidence. Specifically, witness testimony is not evidential. (d) All parties will be dismissed after their appearance and will be subsequently notified of the decision. 3-8 No arbitrator will hear a case in which he/she personally or his/her company has any direct or indimet material intemst. 3-9 A responding company may assert no coverage, a denial of coverage, or a policy limits defense via AF's Web site up to 60 calendar days from the publication of the decision if the (a) filing company made its filing at least 120 calendar days before the statute of limitations expires; and (b) responding company pleads its defense at least 60 calendar days before the statute of limitations expires. A copy of the denial of coverage letter to the party seeking coverage for the loss or pmof of policy limits must accompany the inquiry or no action can be taken, C2015 Arbitration Forums, Inc. Formn Rules - Efective 1, 2015 5 January FILED: ORANGE COUNTY CLERK 05/03/2024 04:02 PM INDEX NO. EF003572-2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/03/2024 When an award exceeds policy limits, the filing company will have the option to accept the policy limits as final settlement and forego recovery of the claim against the insured directly or have the decision voided to pursue alternative means of full recovery. SECTION FOUR Decisions 4-1 Arbitration panels may not render default judgments. Decisions must be based on the evidence submitted. In the Uninsured Motorists Forum, the filing company must establish its basis for challenging the adverse company's denial of coverage and/or why the adverse company should reimburse the UM settlement. Liability and damages will not be disputed. 4-2 Pursuant to Article Third, the arbitrating companies must notify AF of a clerical or jurisdictional error via AF's Web site within 30 calendar days after the decision's publication date. The determination as to whether or not an actual ermr was made is at AF's sole discretion and is not subject to further review, appeal, or inquiry. AF may also find and correct clerical or jurisdictional errors without notice from the arbitrating companies within 30 calendar days after publication of the decision. 4-3 Decisions will be posted on the AF Web site after the case is heard. Electronic signature(s) of the arbitrator(s) will be used. SECTION FlVE Awards 5-1 The parties shall pay all awards within thirty (30) calendar days of the decision publication date. Payments made as a result of the award are to be made only to the filing company and must include any deductible interest, if applicable, in the interest of good will between the companies. 5-2 When a party(ies) does not honor the award within thirty (30) calendar days after publication (a) The prevailing company's local representative must immediately send a written request for payment to the adverse company's local senior representative, addressing him/her by name. (b) If the award remains unpaid thirty (30) calendar days after written request for payment, the company should send a copy of the letter to AF requesting assistance with the award payment. (c) AF will notify the non-paying company. (d) If the award remains unpaid for an additional thirty (30) calendar days, the company may seek legal recourse in pursuit of collection and is entitled to statutory intemsts and all legal fees and costs incurred in pursuing collection until the award is paid. 5-3 In the Automobile, Property and Special (for workers compensation subrogation claims) programs, a filing company can file for supplemental damages paid after the Materials Due Date of the original hearing or anytime thereafter. In the PIP and Medical Payments programs, a filing company can file for supplemental damages paid after the initial filing, if these damages are contested by the responding company. In all programs, the original liability decision is res judicata, The sole issue in these filings is the supplemental damages. ©2015 Arbitration Formns, Inc. Formn Rules - Effective 1, 2015 6 January FILED: ORANGE COUNTY CLERK 05/03/2024 04:02 PM INDEX NO. EF003572-2024 NYSCEF DOC. NO. 3