Claims Handling

Claims Handling

Claims Handling

Claims handling encompasses everything from first notice of loss through closure: coverage analysis, liability and damages investigation, reserve setting, communication with the insured and claimant, defense counsel assignment, and settlement negotiation.

It is governed by the policy, by state unfair claims practices statutes, and by the implied covenant of good faith and fair dealing.

Alternative Names:

Claims Management, Claim Adjusting

Why it Matters?

Claims handling conduct is the evidence in every bad faith case. The file itself, including diary entries, reserve changes, and internal notes, becomes the record on which reasonableness is judged. Defense counsel are participants in that record through their evaluation letters and status reports, which means the quality and timeliness of those communications carry real consequences for the carrier.

Frequently asked questions

What claims handling conduct most often supports a bad faith claim?

What claims handling conduct most often supports a bad faith claim?

Delayed or inadequate investigation, failure to communicate a settlement demand to the insured, unexplained reserve and evaluation gaps, and failure to respond to a within-limits demand before it expires.

Is the claim file discoverable?

Is the claim file discoverable?

In coverage disputes it is often protected in part. Once bad faith is alleged, most jurisdictions permit substantial discovery into the claim file and handling notes.