The insureds state they were absolutely certain they saw the driver across the intersection “wave them through” to make a left turn before the collision.

Based on that statement, coupled with photos of the damage to the insured's vehicle and a witness who alleges the tortfeasor was speeding through a red light, you are confident you will prevail on liability when this subrogation file goes to intercompany arbitration.

While seeming like a sure win before the arbitration panel, this scenario sets the stage for what every claims professional needs to think about to win intercompany arbitration cases: It is not so much what you believe occurred or what the insured said, but what can actually be proved.

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