Insurance Company Adjusters and Attorneys Read This Blog
Many different people read this blog for many different reasons. I was in Dallas for a deposition involving a Hurricane Ike claim, where my client's public adjuster was being deposed. The opposing attorney, Robert Radcliff, of Langley Weinstein, is a very skilled, well prepared and creative counsel for the insurance company.
At exhibit number 256, Radcliff handed the public adjuster a document that listed the following:
The minimum requirements of a well documented public adjuster claims file will include:
Contact Information
Retention Contract
Insurance Policy
Summary of Coverage and Limits
Time Deadlines—Proof, Replacement Cost, Statute of Limitations
Diary
Communications
Causation Proof
Damage Proof
Checklist of Post Loss Requirements
Claim Costs—listed and copies of invoices.
Insurance Company Causation and Damage Proofs
Claims Payments—listed and copied.
Closing Statements or Public Adjuster Invoices for Services
That is exactly what I wrote in the paper, Public Adjuster Best Claims Practices and the Claims File, published in Saturday's post Public Adjuster Claims Handling Best Practices.
For all my public adjuster friends, it appears that the insurance industry may consider what I wrote authoritative enough to be a claims handling standard. While most public adjusters have files that adhere to most of these "minimum requirements," I am certain many public adjusters fail to maintain all of them. For example, some public adjusters have privately argued with me regarding the need to keep diaries of activities and communications.
The Florida Association of Public Insurance Adjusters has already asked for permission to use my paper in its orientation class required for all new members. Since I think these standards help policyholders obtain full, fair and prompt recoveries, I will promote them and provide additional details of each aspect in the future.
If all claims handling personnel kept a well documented file it would be beneficial to all those involved in the process. I have had a heck of a time just getting a half decent scope of damages from the public adjusters I've dealt with. Kinda hard to agree with something presented in a haphazard fashion.
A little professionalism from all involved in returning the policyholder to pre loss condition would be welcome.
Chip - I enjoyed your presentation and I do document my file.
I have not been using a separate POL - CAUSATION PROOF and DAMAGE PROOF and have not seen a carrier CAUSATION AND DAMAGE PROOF. Please elaborate.
If I am missing something I certainly want to make my claim file as tight as tight can be.
Darryl Davis
Darryl,
I am not saying that anybody has a Proof of Loss for Causation and one for Damage. Instead, you should have a portion of your file where you have proof of the Cause of the damage and a portion of your file devoted to the Damage.
On the other hand, most policies require the insured to state the cause of the loss or peril causing the loss as well the amount of the damage in the Proof of Loss.
Mr. Merlin is so right. Thank you for the timely reminder. I remember being taught
"IF IT DOESN'T SAY SO IN THE FILE. IT DIDN'T HAPPEN"
The right side of the file is for documentation and correspondence. The left side of your file is for your running notes where you diary evey conversation and activity. Oldest on the bottom of course.
Thank you.
Daniel Friedman