News and information for property & casualty insurance agents & brokers on personal lines insurance, including homeowners insurance, flood insurance, earthquake insurance, renters insurance, automobile insurance, life insurance, disability insurance, umbrella insurance and health insurance.
Frequently, claims managers, supervisors, adjusters or attorneys picked up a new claims file and question why a claimant acted in a certain manner. When working a claim, it is generally taken at face value. The facts are as they are in the file, unless some surprises turn up later.
When working as a casualty claims adjuster for a major insurance company, I carried blank drafts to settle claims. While there was a limit, I had the authority to settle the claim up to that dollar amount.
A business open to the public is expected to use reasonable care to maintain the premises in a reasonably safe condition and state. The issues revolve around the question of what the business did or did not do with respect to maintaining the premises in a reasonably safe condition.
Some claims disputes are simply unavoidable, and mediation may be necessary to reach a settlement. Even if a settlement agreement is not reached, it's useful to consider that valuable views and lessons may be gleaned.