Study 6 - Loss Investigation Flashcards
What is included in a non-waiver agreement?
Identified parties Date of loss Location of loss Issues that gave rise to insurers stance on coverage Type of claim
Notice that investigation is underway, requires signature of insured
What can you send in a non-waiver agreement is not signed?
Reservation of rights letter
What is an indemnity clause?
Used in non-waivers on liability claims, insured agrees to pay back insurer for the fees
How much a reservation of rights letter be delivered?
Served by hand, registered mail
What are the five question types?
Open Closed Leading Prosecutorial Judgmental
What is the model interview approach?
- Introduce yourself and your role
- Start discussion with open ended question that encourages person to begin narrative
- Listen patiently, a lull does not necessarily need action
- Ask for explanation when something is unclear or there is a gap
- Insurance company may have a general set of questions or forms
- Adequate waiting between questions
- Maintain composure in all circumstances
- Evaluate body language
- Note taking and allow them to amend info, as long as they initial
This will help guide further investigation
What are the steps in taking a statement?
1) Before starting the statement, adjuster discusses what info must be included in it
2) Adjuster writers the statement on behalf of the statement giver, relating it in the first person as a narrative
- Recording of convo can be made with permission from the statement giver
3) Statement giver reviews statement
- If required, make changes and initial them
4) Adjuster or another person present the witness the statement
What are the three types of evidence?
Oral
- From interviewing a witness
Physical
- Tangible objects, ‘real evidence’
Secondary
- Reports from an expert presenting an opinion of value
What is the difference between direct evidence and circumstantial evidence?
Direct is from the witness experience
Circumstantial can be inferred from other evidence
What are the two definitions of spoilation?
1) destruction of evidence
2) alteration of a policy by a party other than the insurer or insured without consent
What are some of the experts that adjusters may rely on?
- Appraisers
- Property restoration contractor
- Suppliers
- Engineers
- Accident reconstruction specialists
- Origin and cause specialists
- Investigative specialists
- Photographers
- Doctors
- Accountants
- Lawyers
What independent reports may be helpful?
Fire service reports
Police reports
Medical reports
Coroner reports
What is a proof of loss form?
- A formal statement of facts about a loss.
- The form must be attested to by the claimant.
- The form is specified by the insurer.
- A proof of loss may need to be notarized.
- An insurer must respond to a proof of loss after a specified time period with a formal disposition of the claim (approved or denied).
What steps should you take in preparing for an interview?
• An action plan will focus on the task at hand.
• Schedule the interview as soon as possible following the loss.
• Review existing documentation to help focus the questioning:
o background information from police reports
o newspaper accounts
o a prior visit to the accident scene
• Prepare a checklist of what must be accomplished.
• Anticipate any coverage issues and be prepared to answer questions about deductibles and other relevant terms and conditions of coverage.
• Allow enough time to properly conduct the interview.
• Conduct the interview in a professional setting in order to minimize interruptions.