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Arbitration FAQs

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Who is eligible to participate in the NAMIC Arbitration Service? Expand

Any property/casualty insurance company can participate by signing the signatory agreement, thereby becoming "signatory" to the arbitration service. Your company does not have to belong to NAMIC to become signatory.

How often are cases heard? Expand

NAS holds hearings seven times a year in different locations across the country.

 

What information must I include when I submit a petition to the NAMIC Arbitration Service? Expand

Evidence of payment, denial or constructive denial, copies of any case law cited in your contentions, and your $130 filing fee must accompany any petition submitted to the NAMIC Arbitration Service. Please note that denial is not required for medical payment only cases.

Can the hearing of a particular arbitration petition be deferred? If so, for how long? Expand

Arbitration petitions may be deferred until all companion claims or suits not subject to arbitration, involving the same damages issues, have been resolved, where a party to the arbitration requests deferment in writing. A status report is due to NAS within the first year and every 180 days thereafter.

Do I need to overnight my response in order to meet the 30-day response deadline? Expand

No, postmark dates are used to determine timeliness of responses to arbitration petitions.

What happens if I miss the response deadline? Expand

Response deadlines are strictly enforced and any late answers will not be accepted. Any responses received after the deadline date will be returned in their entirety.

Is there any way to extend my response deadline? Expand

Yes, a one-time per case 30-day extension is available by contacting our office by letter, email, or fax. The extension request must be received prior to the original response deadline.

Will the NAMIC Arbitration Committee ever rehear a case or can decisions ever be contested? Expand

The NAMIC Arbitration Committee will reconsider and review cases only where a concept of law was erroneously applied or if a clerical error was made in preparing the written decision.

Can non-signatory companies petition the NAMIC Arbitration Service? Expand

Non-signatory companies may petition the NAMIC Arbitration Service by agreement of both parties by using the Waiver of Non-Jurisdiction form.

Is it possible for our office to arrange for invoicing by NAS instead of submitting the filing fee with each petition form? Expand

Yes, invoicing is available through prior consent. Invoices are mailed on a monthly basis. The terms are 30 days.

How can I get my company to participate in the NAMIC Arbitration Service? Expand

Just notify us that you would be interested in participating in the NAMIC Arbitration Service and we will contact the appropriate personnel in your office.

If a prior suit has been dismissed, how long do I have to file arbitration? Expand

Arbitration can be filed up to 60 days from the court’s dismissal date.

If a company is listed on the signatory list, does that automatically include all companies under their ownership? Expand

No. All signatory companies are listed individually. If a subsidiary is not listed, they are not signatory to the program, but may participate if both companies sign a Waiver of Non-Jurisdiction.

What happens if a decision award is not paid after 30 days? Expand

Once contacted, we send a courtesy letter and a second copy of the decision to the offending party. This usually results in payment. If not, the company is free to pursue other means of collection.

What if I don’t have a denial letter? Expand

The respondent’s denial of liability or rejection of the amount of damages claimed must be included in the petitioner’s file. Subrogation notice from the opposing party is not sufficient to constitute denial. Constructive denial may be established where petitioner has sent two subrogation demands within 60 days. Respondent’s denial is not required in cases of medical payment only claims.

If a company is signatory, which NAS forums are they signatory to? Expand

All companies, unless otherwise specified, are signatory to collision, medical payments where permitted by state law, and third-party contribution claims.

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Indianapolis, IN 46268
317.875.5250

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Washington, DC 20001
202.628.1558

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