What are valid reasons to request a deferment, or, if my request is challenged, what will the arbitrator consider in determining whether or not to uphold my request?
For starters, a deferment is a one-year postponement of the hearing due to the existence of a companion claim or suit. A deferment is not to be requested simply to get more time to prepare/submit a response. When considering whether or not to uphold a deferment request, the arbitrator will look at what affect the arbitration hearing will have on the companion claim/suit and vice versa. Since the arbitration decision is neither res judicata nor collateral estoppel, it, in itself, should have no affect on the companion claim/suit. Some reasons a deferment may be warranted include: policy limit (including single-limit policy), discovery still in progress (results of which will be used in arbitration as well as litigation), active fraud investigation. In many instances, when you have Auto and PIP or Med Pay companion claims, the arbitrator may agree to defer the PIP or Med Pay (for the above reasons) but not the Auto (unless there is a single-limit policy that would affect both claims). In
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- What are valid reasons to request a deferment, or, if my request is challenged, what will the arbitrator consider in determining whether or not to uphold my request?
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