AF has a process that allows a case to be refiled in TRS under certain circumstances. The refile process is designed for two-party cases that were previously placed out of jurisdiction but, due to a change in circumstances, now qualify for jurisdiction to be restored.

Only the recovering company may request a refile. When submitting a request, the company must provide supporting documentation to verify that the conditions for a refile have been met. This may include proof that coverage is now being offered or confirmation that the correct insurer has been identified. AF will carefully review all refile requests and make the final determination on each case’s eligibility.

For example, if a responder initially denies coverage due to non-cooperation, causing the case to be placed out of jurisdiction, but later the insured cooperates and the responder affords coverage, the recovering company may request a refile and submit supporting documents. Similarly, if a recovering company mistakenly files against a member company that was not involved in the loss, they can request a refile to submit the claim against the correct insurer.

However, the refile process does not apply to:

• Multi-party cases
• Cases with a final and binding decision
• Cases where the liable party was not named in the hearing (Rule 1-4)
• Cases where a responding company is requesting the refile

Additionally, a refile must be submitted at least 120 days before the statute of limitations expires.

Note: AF retains sole discretion in determining whether a case qualifies for a refile request.