Tag Archives: Good Faith Claims Handling

Insurance Claim Payment Delay Following Expected Disasters is Epidemic

Crawford has acknowledged that the insurance industry it serves is not living up to its good faith claims obligation in a recent publication. Here is the confession about the 2017 Hurricane season which it reported in Today’s Large & Complex Claims Landscape: Preparing for the Perfect Storm: To adequately respond to today’s evolving catastrophe landscape, … Continue Reading

Puerto Rico: Guide To Unfair Settlement Acts By Insurers During The Adjustment Of Claims

Hurricane season 2019 is officially underway, and so now is the time to take action and prepare before a possible hurricane threat. It’s imperative that policyholders understand the coverage and rights provided under their insurance policy. Therefore, one of the first things a policyholder should do is request a copy of their insurance policy now … Continue Reading

Puerto Rico: Guía De Las Prácticas Desleales Por Aseguradoras Durante El Ajuste De Reclamaciones

Ha iniciado la nueva temporada de Huracanes 2019, y son muchos los preparativos que debemos llevar acabo ante la posible amenaza de un huracán. Es imperativo que los asegurados entiendan la cobertura y los derechos bajo su Póliza de Seguros. En primer lugar, cada asegurado debe solicitar una copia de su póliza de seguros y … Continue Reading

Is an Adjuster Independently Liable for Bad Faith Conduct?

I often get calls from potential clients that have filed a claim with their insurance and have been enraged by an insurance agent or adjuster assigned on the claim. Many potential clients say something like “I just wanted to get the claim settled but the adjuster was acting in bad faith and just wouldn’t listen.” … Continue Reading

Property Insurance Claims Procedures Should Be Transparent and Uncovered in Market Conduct Studies

Merlin The Moose is a client favorite at the Chicago Merlin Law Group office. We won him at a charity auction last year. He also led me to some creative research uncovering a problem with market conduct studies and the transparency of property insurance claims procedures many insurers keep hidden from their customers and insurance … Continue Reading

Rutgers Law Professor Debunks Notion of Increased Premiums With New Jersey Fair Conduct Act

In a recent op-ed article published in the Star Ledger, Rutgers Law Professor Jay Feinman debunked the myth that insurance companies have been using for decades to prevent good faith claims handling bills from passing through the legislature. As Feinman noted, insurance companies argue that the Insurance Fair Conduct Act (IFCA) is unnecessary and would … Continue Reading

Insurance Companies Must Perform in Good Faith Regardless of Their Customer’s Imperfect Actions

Insurance companies routinely argue for immunity from their wrongful actions because acts of their customers are not perfect following a loss. Policyholders are not claims specialists. Policyholders generally are not in the insurance claims business much less the civil litigation business which the insurance industry is the number one participant by far.… Continue Reading

Contents Adjustment is Tedious Hard Work

Enservio’s director of training, Scott Petlewski, wrote an article Establishing Value on Contents Claims: 3 Bad Habits to Break, which demonstrates that proper contents adjustment is hard work. It can be time consuming, expensive from a labor standpoint, and fraught with error.… Continue Reading

Is There Room For Golden Rule-Like Thinking In Claims Adjusting?

My older son Mason (who will be four years old this December) is learning about the Golden Rule in his preschool class. It got me thinking about whether claims people believe there is a place for the Golden Rule in claims adjusting? Can you honestly sit and reflect on claims you handle and state definitively … Continue Reading

Superstorm Sandy Draft Estimates of Damage Ordered Produced–Have They Been Altered as Well?

All estimates of damage, including draft estimates of damage made by adjusters, have been ordered to be produced in a Superstorm Sandy flood damage case.1 Typically, insurance company flood attorneys have made the same arguments they made regarding drafts of engineering reports—“We and our clients do not have them, judge."… Continue Reading

Adjusting Hailstorm Damage Insurance Claims from Photographs

Insurance adjusters are taught to investigate coverage and evaluate damage. Good faith performance requires that this be done in a prompt, thorough, and honest manner. Most adjusters are taught to document what they see in the field through photographs, video, and the collection of evidence. Good faith also requires that the adjusters undertaking this important … Continue Reading

Ignoring Statutory Obligations May Breach an Insurance Contract

The debate over what evidence should be admitted in a breach of contract case has raged on for many years. Policyholders typically argue that evidence of an improper investigation should be admitted as impeachment evidence, while insurance companies insist that the way a claim was handled has no bearing on the ultimate issue: was the … Continue Reading

Does Your Property Insurer Owe You A Duty Of Good Faith In Processing Your Super-Storm Sandy Claim?

Many policyholders were unable to get through to their insurers in the wake of Super-Storm Sandy, while others’ claims have been denied by insurers that never even sent a representative to the damaged property. Is it unreasonable for insurers to handle claims in that fashion, and does your property insurer owe you a duty of … Continue Reading
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