Total Recovery Solution (TRS Guide for FilersOccurrence An event that results in an insured loss....

©2019 Arbitration Forums, Inc.

Total Recovery Solution® (TRS®) Guide for Filers

Total Recovery Solution® (TRS®)

Guide for Filers

©2019 Arbitration Forums, Inc. 2 Revised: September 2019

Contents

TRS Glossary of Terms .................................................................................................................. 3

Filing a Case in TRS ....................................................................................................................... 5

Initiating a TRS Case through E-Subro Hub .............................................................................. 5

Initiating a TRS Case Using the “File Online Now” Option ...................................................... 6

Filing a Case Directly in TRS ..................................................................................................... 8

TRS Workflow Steps ...................................................................................................................... 9

Incident Details and My Party Information ................................................................................ 9

Select Coverages ....................................................................................................................... 11

Select Adverse Parties............................................................................................................... 11

Party Information (Adverse Parties) ......................................................................................... 12

Your Liability Arguments ......................................................................................................... 13

Coverage Information – Collision ............................................................................................ 16

Feature Information – Feature 1 ............................................................................................... 17

Counterclaim Response Assertions........................................................................................... 21

Select Features to Submit.......................................................................................................... 23

Review Filing ............................................................................................................................ 26

Revisits .......................................................................................................................................... 26


Guide for Filers


TRS Glossary of Terms

Term Description

Adverse Party The party from whom you are seeking to

recover damages.

Attached Evidence The collection of all the evidence items

attached to a section of the case (Liability

Arguments, Damages, Jurisidictional

Exclusions, etc.).

Case A collection of liability arguments and

damages for a set of parties involved in the

occurrence.

Case ID The numeric identifier for a collection of

recovery and response submissions that

belong together (i.e., under the same liability

decision).

Coverage The scope of protection provided under an

insurance policy under which a company has

paid a claim.

Discontinued Status of an occurrence when no further

activity is allowed, but the occurrence

information is still searchable and viewable

to the parties.

Evidence Attachment An evidence item that the party has inserted

into the damages or liability section to

support specific arguments. Arbitrators are

required to comment on any evidence linked

in the Liability Arguments section.

Extension A postponement of the response due date by

a responding party to prepare and submit its

response. Only one extension may be

requested by a responding party; a fee is

incurred.

Feature A set of damages for a claim. For

Automobile Collision and

Comprehensive/OTC damages, a feature is


Guide for Filers


identified by the vehicle year, make, and

model.

Filing ID The numeric identifier for a decision on a

case.

Insert Evidence Attachment An option to link evidence within your

liability argument. Arbitrators must

comment on all inserted evidence.

Jurisdictional Exclusion Argument that does not address dispute

itself, but rather raises an objection to

compulsory arbitration’s jurisdiction.

Occurrence An event that results in an insured loss.

Placeholder An indicator for known evidence that is not

available during the initial entry and is

identified in the case. The evidence must be

uploaded to the placeholder prior to

submission.

Revisit/Rebut Allows a party to address issues raised by

the adverse party regarding damages,

jurisdictional exclusions, newly impleaded

parties, and policy limits.

Void Decision Removes a decision from a case. Voiding a

liability decision will discontinue the

occurrence.

Withdraw To remove a feature from arbitration prior to

hearing. This may be done because the

damages have been settled, the wrong

company was named, the responding

company denied coverage, or the policy has

a liability deductible or a self-insured

retention; or it is discovered that the case

does not qualify for TRS.


Guide for Filers


Filing a Case in TRS

There are three ways to file a case in TRS. Users can file by:

Pushing an E-Subro Hub® demand to TRS

Selecting “File Online Now” on the My Arbfile home page

Selecting “File New Damages” within TRS

Initiating a TRS Case through E-Subro Hub

To push the E-Subro Hub demand to arbitration using TRS, access the demand, select the

Negotiate tab, and then Arbitrate.

A window will appear. Select Continue to push the demand to arbitration.


Guide for Filers


The user will be brought into the TRS system. To file the case in arbitation using TRS, select

Case Actions and then select Enter Filing.

Note: Information entered from E-Subro Hub, including evidence, will automatically transfer

into TRS.

Initiating a TRS Case Using the “File Online Now” Option

Go to www.arbfile.org, and log in by entering your username and password.

http://www.arbfile.org/


Guide for Filers


Go to “File Online Now” and select Automobile (this is the only forum currently in TRS).

To enter a filing in TRS, select Add New Docket.


Guide for Filers


Users will be defaulted to the Incident Details and My Party Information page to enter case

information.

Filing a Case Directly in TRS

Log in to www.arbfile.org and go to Member Access>Total Recovery Solution.

http://www.arbfile.org/


Guide for Filers


Now select +File New Damages to start a new TRS case.

Users will enter case information starting with Incident Details and My Party Information

(see the first step in TRS Workflow Steps).

TRS Workflow Steps

WORKFLOW STEPS is a navigation window that allows users to easily find where they are in

the filing process.

There are ten (10) steps to complete a TRS case as a Filer. A check mark will appear as

each step is completed.

Incident Details and My Party Information


Guide for Filers


Users will enter the required information.

Note: Required fields are denoted with an (*). Once the field is completed, the * will

become a .

Party Information is auto filled based on user login credentials. Appropriate subsidiary is

selected from the drop down list, if applicable. TPA users will select the appropriate client

from the drop down list.

Enter the Claim or Policy Number, along with the Line of Insurance and Insured’s First and

Last Name.


Guide for Filers


Select Coverages

Select Collision or Comprehensive/Other than Collision (OTC) as the coverage. Once

selected, it will appear on the right side. You can add/delete coverage. To add coverage, click

the +Select tab. To delete coverage, select the red trash can icon.

Select Adverse Parties


Guide for Filers


To add an Adverse Party, simply enter the company code or company’s name in the field

titled Find Adverse Parties. A drop down list will appear after a few characters. The more

characters entered, the more defined the listing becomes.

Party Information (Adverse Parties)

Enter the Claim or Policy Number along with the Line of Insurance and Insured’s First and

Last Name.

Note: The claim number should not be changed from the original E-Subro Hub demand to

the TRS case. Changing the claim number could cause identification errors.


Guide for Filers


Your Liability Arguments

Enter liability arguments and insert evidence, if desired.

Note: Arbitrators are required to make a comment about specific evidence items inserted in

this section.

Inserted evidence will appear in the liability arguments denoted with a green box identified

by a number.

To insert evidence, select Insert Evidence Attachment.


Guide for Filers


User will choose specific evidence items from the Evidence Manager.

Select the radio button for evidence to be attached and then select Attach.

Evidence not listed in Evidence Manager can be uploaded by selecting the Browse feature.

Note: Evidence uploaded from E-Subro Hub will automatically be saved in Evidence

Manager. User will need to manually “attach” it to the case.

Enter the percent of liability admitted, if any.

Answer “Yes” or “No” to the Primary/Excess question by selecting the radio button. The

system automatically defaults to “No.”

Help Text is available when selecting the icon.


Guide for Filers


Attach evidence not previously inserted into the liability arguments section. To add evidence,

select the Attach Evidence tab.

Note: Evidence inserted into Liability Arguments will automatically appear in the Attached

Evidence section as a green box.

To select evidence not inserted into Liability Arguments, click the radio button and select

Attach.

Depending on a company’s evidence upload method (AF Client or Data Integration),

attaching evidence may vary. For more information on attaching evidence, please visit the

online help text by clicking on the “question mark” (see below).


Guide for Filers


Coverage Information – Collision

Answer “Yes” or “No” to the Joint and Several Liability question by selecting the radio

button. The system will automatically default to “No.”

Help text is available by selecting the icon.


Guide for Filers


Answer Policy Limits questions by selecting each radio button as “Yes,” “No,” or “I’m not

sure.”

Note: Selecting “I’m Not Sure” allows the user to revisit the filing if the adverse party

asserts policy limits.

Feature Information – Feature 1

Enter vehicle year/make/model if not previously saved from E-Subro Hub. Select the driver

by choosing:

o Same as Insured

o Other


Guide for Filers


o No Driver Specified

Vehicle color is not required.

Select “Yes” or “No” to the following questions:

Help text is available by selecting the icon.


Guide for Filers


Remittance Address is saved based on user login information.

Enter Company-Paid Damages if not previously saved from E-Subro Hub. Additional

damages can be added/changed.

Note: Damages should be itemized where indicated. Arbitrators may not award damages

not properly itemized.


Guide for Filers


If the Recovering Party is aware of any potential damage disputes raised by adverse parties,

add pre-rebuttal arguments in this section. The Recovering Party needs to explain why

payments made to their insured are “reasonable, customary, or within industry standard”.

Note: If a pre-rebuttal is entered, Recoverying Parties do not need to request a “Revisit” later

in this filing. However, one may be requested, if desired.

Enter payments made by the adverse party. To do this, select Add Payment, enter payment

amount and description.


Guide for Filers


Attach Evidence supporting Company-Paid Damages.

Counterclaim Response Assertions

Answer the following Counterclaim Response Assertions questions.

Select “Yes” or “No” to whether there is a liability policy in effect at time of loss. If yes,

enter the liability deductible, if applicable.


Guide for Filers


If no, the user will be required to select “Yes” or “No” as to who holds the liability

policy.

Selecting “Yes” requires the user to add the party to the case.

When selecting “No,” the following message will appear.


Guide for Filers


Select Confirm or Cancel to proceed with filing the case.

Proceed by answering the next series of questions.

Note: By checking the Revisit box, users can review their filing if a counterclaim is raised

by the adverse party.

Select Features to Submit


Guide for Filers


Select the Feature for recovery. Check the appropriate boxes if you want to Revisit responses

that raise:

o Policy Limits

o Jurisdictional Exclusions

o Damage Disputes

NOTE: A Revisit allows users to accept or decline policy limits raised by the adverse party

as well as enter a rebuttal for jurisdictional exclusions and damage disputes.

Filing Options and Billing

Users can request a Panel of Three on qualifying cases exceeding $7,500.00. If a case does

not qualify, users will receive the following message, “No features qualify to request a Panel

of Three.”


Guide for Filers


Users can request to personally appear virtually at the hearing by selecting “Yes” or “No”.

Many companies have only one billing code, so there may not be a drop down to select from.

A user filing on behalf of a member with multiple billing codes will need to select the

appropriate billing code using the drop down menu. This ensures the correct company is

billed for this filing.


Guide for Filers


Review Filing

Users should review their filing to ensure accuracy. Once reviewed, select Submit.

Revisits

Users have limited circumstances to revisit a filing to make updates/changes (i.e., remove an

incorrectly named party, update filing information for a new impleaded party, edit loss date of

state upon request, rebut a damage dispute or jurisdictional exclusion).

Users have seven days (calendar days) to revisit their case and update/change or enter a rebuttal.

To view files with a revisit, go to the TRS Worklist. Under My Cases, filter search by

selecting cases that need attention.

If a case has a revisit, it will appear on the right side.


Guide for Filers


Select the blue ellipsis to the right, and then select Revisit.

Deferments

To request a deferment, go to the tab titled Case Actions. Select Add Deferment.

Using the down-drop menu, select one of the following deferment reasons

o Pending Litigation

o Pending Coverage Investigation

o Policy Limits Issue

o Salving Pending


Guide for Filers


Enter Deferment Justification

Attach evidence by selecting the Attach Evidence tab supporting your deferment request and

then select Add Deferment.

Once a deferment has been requested, the requesting party can edit or delete the request.

Deferments are done during the filing process and will show a current status of Deferment-

In Process.

There are two ways a deferment can be deleted: from within the case or from the Worklist.

From within the case users can select the Delete Deferment link found at the top of page.

From the Worklist users can select the blue ellipsis on the left and select the Withdraw

Deferment option. Withdraws are done after the filing has been submitted and is no longer

needed.


Guide for Filers


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