How we learn and the amount of time required to study the finer points of subrogation have changed dramatically over the years. There are one-hour webinars, 15-minute podcasts and other options that don't require students to leave their desks, and all of these are a far cry from the four-hour consumer protection course I taught on how to avoid bad faith claims.
With Google, a claims professional's ability to find data immediately has never been more instantaneous. Information that might have previously been addressed in a classroom or through a company's training manual can now be absorbed in minutes off of the internet or gleaned from peers.
Innovative teaching methods
Self-taught tutorials on specific subjects allow team members to learn at their own pace. Augment that with webinars, blogs and articles on particular topics, and today's educator must be prepared to share information in small segments while focusing on the continuity of the message.
Creativity in education is also important. Parsing information requires the educator to think two steps ahead. Anyone who has attempted to provide training on identifying subrogation potential; writing effective contentions in an intercompany arbitration case, or taking statements from an insured will acknowledge the subtleties of creating an engaging curriculum that informs while keeping the audience's attention.
Using simulations not germane to the audience's field helps make the subject more interesting while keeping the class engaged. The more involved the attendees are, the more likely the material is to be remembered.
When teaching a course on basic distributive negotiation, one could use a bodily-injury role play to stress the point. But utilizing a home purchase simulation scenario that has the identical conceptual purpose instills the same theme of distributive bargaining, involves the class, and takes the audience out of their day-to-day work thoughts.
Recently, I've adopted game show-themed presentations. Taking the content and recreating it in a way that delivers the information in a fun, competitive, collegial environment strikes at the heart of what every training session should be about: an engaged audience participating in their own learning. Game show-themed sessions infuse the audience with the information an instructor wants them to have, but in a way where everyone contributes to their own learning while building camaraderie within their class. Creativity – both in the subject matter and the delivery – is paramount in reaching today's audience.
Today's insurance professionals have a number of options when it comes to learning such as online, webcasts and in-person training. (Photo: Shutterstock)
Discussing arbitration
Equipping your claims team for success with intercompany arbitration is vital when considering the subrogation goals of your company; potential return of insureds' deductibles tied to favorable arbitration awards, and limiting indemnity payouts from at-fault accidents. We know historically about 10 to 15% of all subrogation claim disputes make their way to intercompany arbitration, impacting how a carrier achieves its subrogation goals.
So what do carriers and self-insureds really need their subrogation professionals to know about intercompany arbitration?
First, they should be well-versed in what it takes to prevail in the intercompany arbitration setting. They should be familiar with concepts like contentions presentations; the vital role of evidence in the eventual award; and the rules (of arbitration) that govern the process. They need to think strategically about arbitration and recognize that advocates need be assertive. This is not a negotiation, but a final and binding process that affects the company and has a corollary impact on the insureds.
A further view is that a claims professionals' ability with subrogation arbitration never remains stagnant. There is always one more bit of arbitration advocacy to learn; one more piece of the process to be absorbed. The same way no two insurance claims are identical; no two arbitration outcomes are alike. From the 30,000-foot view, the one thing a carrier never wants is a mind-set of "win some; lose some." Every case offers an opportunity to advocate for your company, your insured and your claims handling practice.
New teaching tools
Let your team know what tools are available to help them along and to learn more. Instructor-led classroom training (of no more than 90 minutes) can be beneficial as it allows for a give-and-take atmosphere where team members learn from each other's experiences, the Q & A with the instructor and a defined curriculum. Attendees see more than one way of approaching an arbitration scenario, how to evaluate evidence, and how their peers view the rules and process. Outside instructors can also bring a differing view on arbitration unencumbered by company guidelines or protocols.
Online tutorials on particular subjects tied to intercompany arbitration can address particular topics like affirmative defenses or contentions writing in easy to digest 15-minute segments. Webinars can also be very effective as they are instructor-led and focus on one particular subject like the use of adjusters' notes or material damage arguments. The audience often receives anecdotal information provided with a real-world application.
Blogs allow a team to take in information on arbitration at their discretion. A series of blogs can be particularly constructive as one issue builds toward the next (i.e., a series on How Arbitrators Decide Cases).
Podcasts are also very effective, allowing team members to self-learn at their own pace on a particular subject. Topics can vary on everything from ride-sharing subrogation to leveraging your insured's statement in arbitration. Podcasts should be 10-15 minutes, with a focus on two or three key learning takeaways.
All of these learning options should be considered and utilized to ensure your company is maximizing its recovery when participating in subrogation arbitration. Years ago a seminar speaker offered a piece of advice that still holds true today. He said adults are not "trained" but develop "skills," and that comment holds true for the next generation. Develop their skills for success and the subrogation dollars from arbitration will be realized.
Kevin Pike (kpike@claimsresource.com) is with arbitration client services at Claims Resource Services and writes a weekly blog on intercompany arbitration.
Related: Damages proof in subrogation cases
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