AIC 30 Flashcards

Claims Handling Principles & Practices

1
Q

What is a 1st party claim?

A

Made by insd against their policy

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2
Q

What is a 3rd party claim

A

Made by a clmt and to whom an insd may be liable

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3
Q

Who is a claimant

A

A party that makes a claim (either 1st or 3rd)

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4
Q

What is a claims representative?

A

The person responsible for investigating, evaluating l, and settling claims

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5
Q

What are 2 primary goals of the claims function?

A
  1. Compliance with the contractual promise

2. Supporting the insurers profit goal

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6
Q

Explain the contractual promise an insurer agrees to fulfill and how it fulfills this promise

A

The insurer agrees to pay, defend, or indemnify the insd in the event of a covered loss.

This is done by providing fair, prompt, and equitable service to the policyholder, either directly for 1st party, or indirectly for 3rd party

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7
Q

Describe how a claims manager helps the insurer generate an underwriting profit

A

Managing all claims function expenses, setting appropriate spending policies, and using appropriately priced providers and services.

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8
Q

Describe how claims staff help the insurer generate an underwriting profit

A

Avoiding overspending on costs of handling claims, claims operations, and other expenses

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9
Q

Describe how a claims rep helps the insurer generate an underwriting profit

A

working to settle claims fairly, thus reducing possibility of costly litigation and regulatory oversight or penalties.

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10
Q

What are the specific ways that a claims representative can help the insurer comply with its contractual promise and support its profit goals.

A

Contractual promise: Handling claims in a way that promotes peach of mind for the policyholder and that quickly restores a claimant to his or her pre-loss condition.

Insurer’s profit goal: avoiding overspending on claims handling, operations, and other expenses. Avoiding costly litigation, regulatory oversight, and penalties by treating claimants fairly.

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11
Q

What is a Third-party administrator?

A

An organization that provides administrative services associated with risk financing and insurance

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12
Q

What is a producer?

A

Also known as an agent. The personnel who place insurance and surety business. Can represent insurers, insured’s, or both

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13
Q

What is an Independent Adjuster?

A

Hired on a case-by-case basis. They are not staff and handle claims for insurers for a fee

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14
Q

What is a Public Adjuster?

A

Outside an organization or a person hired by an INSURED to represent them in a claim in exchange for a fee

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15
Q

What is the Loss Ratio?

A

A ratio that measures losses and loss adjustment expenses.

(Losses + Loss adjustment expenses) - premium

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16
Q

What is the loss adjustment expense (LAE)?

A

Expenses used to investigate, defend, and settle claims. E.g. PSI, towing, police reports.

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17
Q

Describe a Staff claims representative

A

They are employees of an insurer and handle most claims. May include inside claim reps, and field claim reps.

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18
Q

Identify the two (2) types of performance measures used to evaluate a Claims Departments performance

A
  1. Profitability measures

2. Quality measures

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19
Q

Describe why ethics is particular important in good-faith claims handling

A

Because claim reps face numerous ethical dilemmas trying to balance the interest of the insureds and claimants, as well as the insurers.

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20
Q

Explain professionalism and how it relates to ethics

A

Requires individuals to act knowledgeably, courteously, and empathetically.

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21
Q

What are ethics and professionalize important when claim reps are establishing good faith by satisfying contractual duties and other promises

A

Because they are bound by the insurance contract to act in good faith, and State laws, and must act ethically and professionally.

When the needs of the parties conflict, claims reps may be faced with dilemmas that require their understand of, and ability to, apply ethical and professional policies.

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22
Q

Why do bad faith claims handling of unprofessional and unethical claims reps cause claimants to become distrustful and suspicious?

A

Even one (1) incident that violates the publics expectations of ethical or professional conduct can receive wide publicity, damage insurer’s credibility, and the public’s trust.

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23
Q

What is a Conflict of interest?

A

When your decision can benefit you or someone you know.

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24
Q

Identify three (3) types of ethical concerns claim reps may face that arise from potential conflicts of interest

A
  1. Incentives for referring businesses
  2. Purchasing salvage
  3. Multiple coverages for more than one insd
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25
Q

List the five (5) factors that can affect the claims handling competency of claims reps

A
  1. Changes in the claim environment
  2. Change in job responsibilities
  3. Attrition of knowledge over time
  4. Limited insurer resources
  5. Rewards and promotions
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26
Q

Explain the importance of continued education for claims representatives.

A
  1. Maintaining competency (ethical responsibility)
  2. Compliance with State requirements

Keeping knowledge and skills current.

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27
Q

Describe a claim reps ethical duty regarding provider billing practices.

A
  • To make sure services providers and experts follow insurer billing guidelines
  • Understand the scope of their ssigned duties so bills are not inappropriate or excess
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28
Q

How does working in a State without having a license cause an ethical concern?

A

Licensure-related ethical concerns can arise when a claim rep assumes claims handling responsibilites in a territory in which he/she is not licensed.

Check the State laws and guidelines. States will often grant temporary licenses to out-of-state claims reps for catastrophe claims handling

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29
Q

How do privacy concerns come into play with claims?

A

Claim reps are privvy to lots of personal information, including dates of birth, SSNs, etc. In addition, something as “innocent” as disclosing a vehicle value to an uninvolved party can cause mistrust with the involved party as they may not want that information handed out.

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30
Q

Explain why it is important that insurers and claims repts have well-defined codes of ethics

A

A well defined code of ethics forms guidelines for good faith claims handling. A focus on handling claims ethically, rather than a defense focus of avoiding bad faith, is the best protection for claim reps and their employers to allegations of bad faith.

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31
Q

Explain the fundamental basis for good-faith claims handling

A

Instead of providing an immediate, tangible good or service, insurers provide a promise. The fundamental basis for good-faith claims handling is to meet that promise the insurer has made to the insd.

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32
Q

Explain the best way for the claims reps to balance duty to the insured and the insurer

A

To perform a fair, unbiased, and thorough claims investigation.

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33
Q

Explain how insurer best practices promote good-faith claims handling

A

Most insurers have best practices out duties and time frames. Consistent and ethical application of best practices will provide quality and good-faith claims handling.

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34
Q

Explain why most states have enacted laws, such as a version fo the Model Unfair Claims SEttlement Practices Act, to regular claims activities

A

Insurance is essential to the functions of modern society and provides critical restoration to consumers after often devastating loss.

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35
Q

Describe continuing education requirements in states that require licensing of claims reps

A

Those states that require licensing also typically require continuing education credits, including ethics components.

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36
Q

Define “Blockchain”

A

A distributed digital ledger that facilitates secure transactions without the need for a third party

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37
Q

Define “reservation of rights” letter

A

An insurers letter that specifies coverages issues and informs the insured thar the insurer is handling a claim with the understanding that the insurer may later deny coverage should the facts warrant it.

38
Q

Explain whether activities in the claims handling process must be conducted sequentially.

A

While the steps appears to be sequential but are not always undertaken in an exact order. Some activities are often conducted concurrently or repeated as new information is obtained

39
Q

Identify the six (6) activities in the claims handling process.

A
  1. Acknowledging and assigning the claim
  2. Identifying the policy
  3. Contacting the insured or insured’s representative
  4. Investigation and documenting the claim
  5. Determining the cause of loss, liability, and the loss amount
  6. Concluding the claim
40
Q

Why should claims be processing through a systematic process?

A

To ensure a consistent approach and that claims are handling in a matter conforming to legal and ethical standards

41
Q

What do you do when the first notice of a loss is a copy of a lawsuit?

A

You must be aware of the deadline for a response, which varies by State. Refer the lawsuit to counsel when beginning the investigation and follow the insurer’s procedures to determine whether to issue a reservation of rights letter

42
Q

What are the potential consequences of failing to consistently apply the claims handling process?

A

The insurer could become responsible for paying claims that re not actually its responsibility under the terms of the policy and/or applicable law. Conversely, coverage that is properly owed may not be provided, which could result in the loss of an account or a bad-faith claim

43
Q

Define “Estoppel”

A

Page 2.5 ***

44
Q

Define “non-waiver agreement”

A

Page 2.5 ***

45
Q

When receiving a claim involving windows shattered by the force of wind, what are the instructions to give the insured?

A

Mitigation - taking measures to avoid any further loss, such as covering the window openings until the damage can be inspected.

46
Q

How do you prepare for an intial contact with an insured?

A

Prepare a list of questions, along with information about how the claim will be handled,n and actions the insured or claimant will have to complete as part of the claims process

47
Q

What are the precautions you should take when explaining policy terms during initial contact?

A

Be prepared to explain the policy terms and their meanings in relation to the loss. She should explain any possible policy violations, exclusions, or limitations that can affect coverage

48
Q

Define “Subrogation”

A

page 2.6

49
Q

Describe the purpose of an outling in organizing an investigation

A

3.1

50
Q

Describe the focus of claim investigations

A

3.2

51
Q

Describe the purposes for conducting claimant, insured, and witness investigations.

A

3.3

52
Q

Describe accident scene and property damage investigations.

A

3.4

53
Q

Identify the elements that should be reflected in claim file status notes

A

3.5

54
Q

Describe three types of internal reports that claim reps prepare on open claims

A

3.6

55
Q

3.7?

A

3.7

56
Q

Define “legal liability”

A

page 2.8

57
Q

Define “Statutory law”

A

page 2.8

58
Q

Define “negligence”

A

page 2.8

59
Q

Define “contributory negligence”

A

page 2.8

60
Q

Define “comparative negligence”

A

page 2.8

61
Q

Contrast statutory law with common law

A

4.1

62
Q

Describe a tort and tort law

A

4.2

63
Q

Identify the four (4) elements that must be established for liability based on negligence

A

4.3

64
Q

Compare contributory and comparative negligence

A

4.4

65
Q

Describe liability claims that involve warranties

A

4.5

66
Q

Provide an example of statutory law that restrict the right of recovery from one-party against another

A

4.6

67
Q

Explain how liability is based on statute in workers compensation.

A

4.7

68
Q

Define “direct loss”

A

page 2.10

69
Q

Define “indirect loss”

A

page 2.10

70
Q

Define “pro-rata contribution”

A

page 2.10

71
Q

Define “insurable interest”

A

page 2.10

72
Q

Define “compensatory damages”

A

page 2.10

73
Q

Define “special damages”

A

page 2.10

74
Q

Define “general damages”

A

page 2.10

75
Q

Define “punitive damages” (exemplary damages”)

A

page 2.10

76
Q

Define “coinsurance clause”

A

page 2.10

77
Q

Explain what a claim representative should do if several causes of loss are involved in a claim.

A

5.1

78
Q

Describe the purpose of a systematic framework for coverage analysis

A

5.2

79
Q

Describe what a claim representative should do to determine whether a cause of loss is covered

A

5.3

80
Q

Describe the two (2) aspects if damages that claim reps must determine.

A

5.4

81
Q

Explain how insurable interest can affect recovery under a policy

A

5.5

82
Q

Compare the coverage for compensatory and punitive damages in liability claims

A

5.6

83
Q

5.7?

A

5.7?

84
Q

Define “Alternative dispute resolution” (ADR)

A

.

85
Q

Define “mediation”

A

.

86
Q

Define Arbitration

A

.

87
Q

Define appraisal clause

A

.

88
Q

Define mini-trial

A

.

89
Q

Define summary jury trial

A

.

90
Q

Identify issued of which claims personnel must be aware when issuing claim payments

A

6.1

91
Q

Describe the information that should generally be included in a claim denial letter

A

6.2

92
Q

Compare and contract the alternative dispute resolution methods of mediation and arbitration

A

6.3