The Third-Party Liability Claim
The investigation of a liability insurance claim is conducted to fulfill the promise made by the insurer to defend and indemnify the insured in the event of a contingent or unexpected loss resulting in the injury to person or property as a result of actions of the insured.
To fulfill the promises made by the policy insurers must establish a professional group of insurance adjusters who are competent investigators and insurance claims people. The adjusters, at a bare minimum, with regard to third party liability claims, must be capable of fulfilling, at a minimum, each of the topics that follow.
Read the Policy
Read the Loss Notice
Meet with the Insured and Witnesses
Once the adjuster has completed this basic preparation by confirming coverage, reading the policy and reviewing the loss notice, he or she should arrange to meet with the insured and witnesses.
The adjuster should explain to the insured that the policy requires the insured to cooperate and assist the insurer in completing a thorough investigation of the claim being made against the insured. The explanation should include that the insurer, in order to provide the best service possible. It is the adjuster who acts in good faith on behalf of the insurer to its insureds. The insurer hired the adjuster to help the insured protect himself or herself from claims by the third party claiming injuries as a result of the negligence of the insured. The adjuster must also explain that he or she cannot provide the defense alone. The adjuster needs the assistance of the insured and is present to help the insured obtain the defense needed.
© 2020 – Barry Zalma
Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and firstname.lastname@example.org.
Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award.
Over the last 52 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.
Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts
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