8. The hearing of a matter
pending before the arbitration panel under this Plan will be
deferred when a reparation obligor provides written notice of the
existence of pending claims or suits arising out of the same
accident, occurrence or insured event, and further specifically
request a deferment in writing. Otherwise the matter will proceed to
a hearing and the controverting parties will be deemed to have
waived any right they may have had to deferment. The decision of the
arbitrator(s) shall be deemed conclusive between the controverting
parties as to the issues of liability and damages with respect to
the claims heard, and it will not, except as provided in Article 4F
of the Plan of Operations, be subject to or affected by any prior
court decision, unless the claims had been asserted and adjudicated
in the action by way of intervention as provided in
KRS 304-39-070(3), or by any subsequent court decision which
directly or indirectly involves the same claims.
9. A party
may at any time challenge deferment by providing notice in writing.
Upon a determination by the Arbitration Panel that good cause for
deferment does not or no longer exists, the Association’s Panel
Secretary shall schedule a hearing in accordance with these Rules.
10.
Deferment of a hearing under Rule 8, generally, does not
relieve a respondent reparation obligor from the obligation to file
its written answer asserting therein any affirmative defense once
the subject case has been removed from a deferred status. All
parties have the responsibility to determine correct current
addresses, when requesting deferment removal.
