How does Rule 1-4 apply to claims involving phantom vehicles?
Since the unnamed alleged tortfeasor is a phantom, arbitration would retain jurisdiction as the dispute is between two members. The named Respondent (or Company 3 in Special) will need to implead this unknown party by arguing their respective liability in their contentions. The arbitrator(s) will apportion liability and award the filing company what it is owed by the named Respondent. Top of this page 9. How does Rule 1-4 apply in States with joint and several liability laws. If joint and several liability is asserted, supported, and applies, the arbitrator must follow local law and apply it in the arbitration. Local law controls the decisions and the parties neither gain nor lose any rights in arbitration that they have in litigation.
