There are two fields contained within the Affirmative Pleading Entry section:

•Affirmative Pleading Type: Used to identify the type of Affirmative Pleading being raised.

•Affirmative Pleading Description: Used to provide a detailed description of the pleading.

Affirmative Pleading Fields

The Affirmative Pleading Type drop down will display different pleading types based on the forum:

•Bailment (Auto only): A legal relationship in common law where physical possession of personal property is transferred from one person (the 'bailor') to another person (the 'bailee') with the expectation that the property will be returned to the bailor in as good or better condition.

•Joint and Several (Auto, Med Pay, PIP, Property, Special only): A rule most relevant in tort claims and often applied in negligence cases whereby a plaintiff may recover all the damages from any of the defendants regardless of their individual share of the liability.

•Other: Used when the alternative listed choices do not apply.

•Phantom Vehicle (Auto only): A vehicle that causes bodily injury, death, or property damage to an insured vehicle, either with or without contact, and leaves the scene.

•Policy Limit Acceptance (Auto, Med Pay, PIP, Property, Special only): The filing company is aware of the responding company’s policy limits and/or is willing to accept the responding company’s policy limits as final settlement of their claim per Article Second (d) of the various Arbitration Agreements.

•Pro-rata Share Acceptance (Auto, Med Pay, PIP, Property, Special only): The filing company is aware of the respondent company’s policy limits and the existence of other claims against said limits and/or is willing to accept the pro-rata share of the policy limits as final settlement of the claims per Article Second (d) of the various Arbitration Agreements. (This pleading is acceptable only when all claims have been filed together in arbitration and all filers agree to a pro rata share of the policy limits).

•Spoliation of Evidence (Auto, Property, Special only): The intentional or negligent withholding, hiding, alteration or destruction of evidence relevant to a legal proceeding. It's application may vary from state to state.

Affirmative Pleading Type Drop Down

To add an Affirmative Pleading:

1.Select the Affirmative Pleading Type from the drop-down menu.

2.Type your Affirmative Pleading Description in the text area provided to explain how the pleading applies to the case being submitted.

3.Click Add Affirmative Pleading.

4.If additional items are desired, click Add New Affirmative Pleading.

Affirmative Pleadings Completion Steps

Adding Additional Pleadings

To change an item:

1.Click the Edit button to the right of the item description.

2.Enter any desired edits.

3.To cancel the edits, click Cancel Affirmative Pleading Edit.

4.To commit the edits, click Update Affirmative Pleading.

Edit Pleading

Edit Pleading (Continued)

To eliminate an item:

1.Click the Delete button to the right of the item description.

2.Click OK in the confirmation pop-up.

Delete Pleading