-
What are the three main types of insurance adjusters?
- Senior, junior, and trainee
- Staff (employed by insurer), independent (contracted by insurer), and public (representing policyholders against insurers) ✓
- Property, casualty, and life
- State, federal, and private
Insurance adjusters fall into three primary categories distinguished by who they work for. Staff adjusters: directly employed by the insurance company; receive salary and benefits; handle the insurer's claims as their main work. Independent adjusters: work as contractors, typically through independe…
-
What are the typical licensing requirements for an insurance adjuster?
- No requirements
- State licensing (where required — not all states license adjusters), pre-licensing education, passing the state adjuster exam, background check, ongoing continuing education; license is specific to lines of authority (property/casualty, workers comp, etc.) ✓
- Federal license only
- Real estate license
Insurance adjuster licensing varies significantly by state. About 35 states require adjuster licenses; the rest do not require state licensing. Typical requirements where licenses exist: (1) Age 18 or 21+; (2) Residency or non-resident license if working in the state; (3) Pre-licensing education (ty…
-
What is the primary purpose of a claim investigation?
- To deny claims
- To determine the facts: what happened, when, how; whether the loss is covered under the policy; the extent of damage and value; whether anyone is responsible; whether fraud is suspected ✓
- To delay payment
- To verify the policyholder's identity
Claim investigation is the systematic gathering of facts to determine coverage and value. Key questions to answer: (1) What happened? — the cause of loss, sequence of events, parties involved; (2) When and where? — date, time, location relative to policy period and territory; (3) Is the loss covered…
-
What is a 'reservation of rights' letter?
- Reserves the right to deny the claim
- A letter from the insurer to the insured acknowledging the claim is being investigated and the insurer will pay valid claims, but reserving the right to deny coverage if investigation reveals the claim is not covered — protects the insurer's position while investigation continues ✓
- Hotel reservation
- Reservation in a registry
A Reservation of Rights (ROR) letter is sent by the insurer when coverage is uncertain — when the insurer must investigate and possibly defend a claim but has not yet determined whether the loss is actually covered. The letter formally notifies the insured: (1) The insurer is investigating and may p…
-
When is 'actual cash value' (ACV) used as the basis of loss settlement?
- Never
- When the policy specifies ACV (typically for personal property under standard homeowners, all damaged property under some policies, or stated value policies); ACV is replacement cost minus depreciation ✓
- Always
- Only for stolen items
Actual Cash Value (ACV) is one of the two main loss settlement methods. ACV = replacement cost minus depreciation for age, wear and tear, and condition. ACV is used when the policy specifies it, typically: (1) Personal property under standard (non-endorsed) homeowners policies — most policies pay pe…
-
How does replacement cost settlement typically work in practice?
- Insurer pays the full replacement cost upfront with no conditions
- Insurer typically pays ACV first; the balance to replacement cost is paid after the insured actually replaces the property and submits receipts; some policies require replacement within a time limit (often 180 days or 1 year) ✓
- Only after court approval
- Replacement cost is not available
Replacement cost coverage pays the cost to replace damaged property with new property of like kind and quality, but the payment process typically involves two steps. Step 1 — ACV advance: the insurer initially pays the ACV (replacement cost minus depreciation). This gives the insured immediate funds…
-
How is depreciation typically calculated for personal property?
- Insurer's choice without basis
- Based on the item's age, expected useful life, condition, and use — depreciation rate = (current age / total useful life); some items use industry depreciation guides, others depreciate based on specific condition assessment ✓
- Always 50%
- Never depreciated
Depreciation calculation aims to reflect the item's actual diminished value due to age and use. Standard approach: depreciation = (age / total useful life) × replacement cost. Example: a 5-year-old refrigerator with a 15-year useful life is depreciated 5/15 = 33% from replacement cost. A $1,500 repl…
-
What is the difference between a 'first-party' and 'third-party' claim from the adjuster's perspective?
- No real difference
- First-party: the insured is making a claim against their own insurer (property damage to their house, medical payments under their auto policy); Third-party: someone outside the policy is making a claim against the insured, and the insurer defends/pays under liability coverage ✓
- First-party is illegal
- Third-party claims don't exist
The terminology comes from the parties to the insurance contract. First-party (1st party): the named insured (or someone insured under the policy); they make a claim against their own insurer. Examples: a homeowner whose house burned down filing under their own homeowners policy; a driver hit by an …
-
What is a 'release' in claim settlement?
- Releasing the insured from policy obligations
- A legal document signed by the claimant releasing the insurer (and often the insured) from further liability for the claim in exchange for settlement payment — a final resolution ✓
- Releasing information to the public
- Releasing the claim file
A release is the document that finalizes a claim settlement. The claimant signs the release acknowledging full satisfaction of their claim and waiving any further claims against the insurer and (typically) the insured. Types of releases: (1) Full and final release — most common; resolves all claims …
-
What are common examples of insurer 'bad faith' in claim handling?
- Asking for documentation
- Unreasonably denying a clearly covered claim, unreasonable delay, inadequate investigation, refusing to settle within policy limits when liability is clear, misrepresenting policy provisions, requiring excessive documentation, threatening or intimidating the insured ✓
- Following policy provisions
- Paying promptly
Bad faith is conduct breaching the implied covenant of good faith and fair dealing inherent in every insurance contract. Examples of bad faith handling: (1) Denying a clearly covered claim without reasonable basis; (2) Unreasonable delay in investigation, decision, or payment; (3) Inadequate investi…
-
What is the 'Stowers Doctrine' (or its equivalent in other states)?
- A type of policy provision
- A common-law doctrine that an insurer can be liable for amounts above policy limits if it unreasonably refuses to settle a third-party claim within policy limits when liability is clear and damages exceed limits — protecting the insured from excess judgments ✓
- A property exclusion
- An auto coverage rule
The Stowers Doctrine (Texas) and its equivalents in other states (e.g., Cantanese in Pennsylvania, Crisci in California) establish that an insurer can be liable for damages exceeding the policy limit if it acts in bad faith by refusing to settle a third-party claim within policy limits. The classic …
-
What is a catastrophe (CAT) adjuster?
- A retired adjuster
- An adjuster who responds to widespread disasters (hurricanes, wildfires, floods, tornadoes) — typically deployed by insurers or independent adjusting firms, often travels to affected areas for weeks at a time, handles high claim volumes with specialized procedures ✓
- An accident adjuster
- An auto adjuster
CAT adjusters specialize in disaster response. When events like Hurricane Katrina, Hurricane Sandy, the Tubbs Fire, or major tornadoes hit, insurers face thousands of claims in a concentrated area; existing staff is overwhelmed; CAT adjusters are mobilized to handle the surge. Characteristics: (1) T…
-
What are common red flags for insurance fraud that adjusters should watch for?
- Any property damage
- Inconsistent or implausible loss circumstances, suspicious timing (new policy or increased coverage shortly before loss), financial pressure, prior similar claims, lack of supporting documentation, claimant overly aggressive about settling quickly, hiding evidence, refusing to cooperate with investigation ✓
- Filing any claim
- Hiring a public adjuster
Insurance fraud costs the industry tens of billions annually and increases premiums for all policyholders. Adjusters are the first line of detection. Common red flags: (1) Implausible or inconsistent loss description — story changes, details don't match physical evidence, timing doesn't fit; (2) Sus…
-
What is an 'examination under oath' (EUO) in insurance claims?
- A type of polygraph
- A formal recorded testimony given under oath by the insured, typically requested by the insurer when fraud is suspected or coverage is uncertain; refusing to attend can void coverage; required only if the policy contains the right ✓
- Religious ceremony
- Court testimony only
Examination Under Oath (EUO) is a formal investigative tool authorized by most property insurance policies. The insurer can require the insured to appear at a designated time and place, take an oath to tell the truth, and answer questions about the claim. The proceedings are recorded by a court repo…
-
What is 'salvage' in insurance claims?
- Lost cargo
- Damaged property that retains some value after a covered loss — the insurer typically takes title to salvage after paying the claim, and may sell or otherwise dispose of it to partially offset the payment ✓
- Property unaffected by the loss
- Money saved on the claim
Salvage is damaged property that retains some value after a loss. Common examples: a vehicle declared a total loss but with salvageable parts; damaged inventory that can be sold to discount buyers; building materials worth salvaging from a fire-damaged structure. When the insurer pays the full ACV o…
-
What is 'subrogation' in insurance claims, and what is the adjuster's role?
- Replacing a beneficiary
- The insurer's right to step into the insured's shoes after paying a claim and pursue recovery from a third party legally responsible for the loss — the adjuster investigates third-party liability, preserves subrogation rights, and may handle initial recovery efforts before referring to subrogation specialists ✓
- Reducing the deductible
- Reviewing policy terms
Subrogation is the legal doctrine allowing the insurer to recover the amount paid for a claim from a third party who caused the loss. Common subrogation scenarios: (1) Auto — insurer pays for collision damage to its insured; subrogates against the at-fault driver's insurance; (2) Property — insurer …
-
What records must an adjuster maintain for a claim file?
- Just the final payment
- Comprehensive file: claim notes documenting all communications and decisions, photographs of damages, statements from insured and witnesses, repair estimates, expert reports, correspondence, policy and endorsements, coverage analysis, payment records, recorded statements, EUO transcripts if applicable ✓
- Only the policy
- Photographs only
Comprehensive claim file documentation serves multiple purposes: defending coverage decisions, supporting bad-faith defenses, regulatory compliance, training and audit, subrogation, and reinsurance. Standard file contents: (1) First Notice of Loss — original report; (2) Policy declarations and appli…
-
What is the purpose of setting 'reserves' on a claim?
- Reserve seats for hearings
- An estimate of the total amount the insurer expects to pay on the claim (including indemnity, defense costs, and expenses) — set initially when the claim is opened and adjusted as more information becomes available; reserves drive financial statements, premium rates, and reinsurance ✓
- Cash held back from settlement
- Funds saved for emergencies
Loss reserves are the insurer's estimate of total payments expected on a claim. Components: (1) Indemnity reserve — the estimated payment to the insured or third party; (2) Defense reserve — estimated attorney fees, expert costs, court costs for liability claims; (3) Adjustment expense reserve — adj…
-
What is the 'Mary Carter' agreement in liability claim resolution?
- A standard release form
- A settlement agreement between the plaintiff and one defendant where that defendant remains in the case but has limited financial exposure or gain depending on the outcome; widely criticized for distorting trial dynamics, banned or restricted in some states ✓
- A type of policy
- A specific lawsuit
Mary Carter agreements (named after a 1967 Florida case, Booth v. Mary Carter Paint Co.) are settlement agreements that resolve part of a multi-defendant case while keeping the settling defendant in the litigation in a modified posture. Typical features: (1) Settling defendant agrees to pay an amoun…
-
What is 'unfair claims settlement practices' under state insurance law?
- Standard practices
- Specific practices defined by state law as unfair when committed with such frequency as to indicate a general business practice — examples include misrepresenting policy provisions, failing to respond promptly, denying claims without reasonable investigation, and offering unreasonably low settlements ✓
- Practices that benefit consumers
- Practices required by federal law
Most states have enacted Unfair Claims Settlement Practices Acts (UCSPA) modeled on the NAIC Model Act. Common prohibited practices when occurring with such frequency as to indicate a general business practice: (1) Misrepresenting pertinent facts or insurance policy provisions; (2) Failing to acknow…
-
An adjuster is investigating a water damage claim. The homeowner says a pipe burst spontaneously. What investigation steps should the adjuster take?
- Accept the statement and pay immediately
- Inspect the damaged area, examine the failed pipe, review photos, assess for pre-existing damage or deferred maintenance, consult a plumber if needed, and verify the timeline against weather records — to determine if the damage is covered and the loss amount ✓
- Deny the claim without investigation
- Pay only if the homeowner has a plumber's receipt
WATER DAMAGE CLAIM INVESTIGATION requires systematic fact-gathering to determine COVERAGE and CAUSE. The adjuster's investigation steps: (1) INSPECT the property: examine the damaged area (walls, flooring, ceiling, contents); document with photographs and measurements; assess extent of water migrati…
-
A claimant's 5-year-old TV was destroyed in a covered fire. The policy covers personal property on an actual cash value (ACV) basis. How is ACV calculated?
- Original purchase price only
- Replacement cost value (RCV) minus depreciation — the cost to replace with a like kind and quality item, reduced by depreciation reflecting age, condition, and useful life remaining ✓
- Whatever the claimant requests
- The salvage value of the damaged item only
ACTUAL CASH VALUE (ACV) is a standard personal property valuation method in insurance: ACV = REPLACEMENT COST VALUE (RCV) minus DEPRECIATION. REPLACEMENT COST VALUE (RCV): the cost to buy a new item of like kind and quality at current prices. For the TV example, if an equivalent 55-inch smart TV tod…
-
A third-party claimant (injured party, not the insured) is represented by an attorney and demands a settlement of $150,000 for a soft-tissue auto injury. The adjuster's evaluation indicates the case is worth $40,000-$55,000 based on medical specials, lost wages, and comparable verdicts. How should the adjuster proceed?
- Immediately pay the $150,000 demand to avoid litigation
- Make a reasonable, documented offer within the evaluated range; engage in good-faith negotiation; document reasoning for the offer; if no agreement is reached, litigation may follow — adjusters must negotiate in good faith but need not accept inflated demands ✓
- Deny the entire claim without making any offer
- Offer $1 to see if they'll accept
NEGOTIATING WITH REPRESENTED CLAIMANTS requires balancing good-faith claims handling with sound valuation principles. KEY PRINCIPLES: EVALUATE INDEPENDENTLY: the adjuster must evaluate the claim based on its own merits (medical records, treatment, prognosis, documented income loss, comparable verdic…
-
Which of the following is an example of PROPER claims documentation practices?
- Making only verbal notes and relying on memory
- Recording all contacts with dates and times, documenting investigation steps and findings, creating a clear reserve rationale, maintaining a chronological diary, and ensuring documentation is objective and factual ✓
- Recording only outcomes, not reasoning
- Documenting only favorable findings
CLAIMS DOCUMENTATION is both a professional standard and a legal protection. Proper documentation practices include: CLAIM DIARY/LOG: chronological record of every action and contact in the claim; includes: DATE and TIME of each contact; who was contacted; what was discussed or obtained; next steps;…
-
Which adjuster behavior is MOST likely to constitute bad faith claims handling?
- Requesting additional medical records before settling a large injury claim
- Deliberately delaying payment of an undisputed, valid claim for 9 months with no legitimate reason, forcing the claimant to accept a lower settlement out of financial desperation ✓
- Negotiating a lower settlement than the claimant demanded
- Denying a claim for a valid coverage exclusion with a written explanation
BAD FAITH in insurance claims handling refers to an insurer's breach of its implied covenant of good faith and fair dealing — an obligation all insurers owe to their insureds (and in some states, to third-party claimants). BAD FAITH EXAMPLES — conduct that is clearly actionable: UNREASONABLE DELAY: …
-
An insured's homeowner policy has a $500 deductible. A covered loss totals $1,800. What does the insurer pay?
- $500
- $1,300 ✓
- $1,800
- $2,300
The insurer pays the loss minus the deductible: $1,800 − $500 = $1,300. The deductible is the insured's share of each covered loss.
-
What is 'subrogation' in insurance?
- The insured transfers their right to recover from a third party to the insurer after the insurer pays the claim ✓
- A discount for long-term policyholders
- A provision allowing payment in installments
- A reduction in the insured's premium for no claims
Subrogation: after paying a covered claim, the insurer 'steps into the shoes' of the insured to recover from the responsible third party. This prevents the insured from collecting twice (from insurer AND the at-fault party). The insured must cooperate with subrogation proceedings.
-
When must an adjuster send an acknowledgment of a new claim to the insured?
- Within 10 days in most states ✓
- 30 days
- 60 days
- No legal requirement
Most states require acknowledgment of a new claim within 10 days (sometimes 15) of receipt. Specific timeframes vary by state — adjusters must know their state's claim handling regulations. Failure to acknowledge timely can support a bad faith claim.
-
What is 'betterment' in property claim adjustment?
- A bonus paid to the insured for filing a claim
- A deduction from the settlement when a repair or replacement upgrades property beyond its pre-loss condition ✓
- A type of property endorsement
- Extra coverage for improvements
Betterment (also called 'improvement' or 'upgrade reduction') is applied when repairs or replacement result in better property than existed before the loss. The insurer is only obligated to restore the insured to their pre-loss condition — not to improve it. The insured pays the betterment portion.
-
What is the 'collateral source rule'?
- An insured cannot recover from both their own insurer and a third-party insurer for the same loss
- A plaintiff's recovery is NOT reduced because they received compensation from an independent source (their own health insurance, disability benefits, etc.) ✓
- Adjusters must check all collateral sources before paying
- The at-fault driver's insurer is always the primary source
The collateral source rule (adopted in most states) holds that a defendant's liability is not reduced because the injured party received compensation from an independent source (their own health insurance, etc.). This can affect bodily injury negotiations significantly — the at-fault party cannot of…
-
A policy has a $100,000 per-occurrence liability limit and a $300,000 aggregate limit. Two separate claims of $80,000 and $90,000 occur in the same policy year. What is the total payout?
- $170,000
- $180,000 ✓
- $190,000
- $300,000
Per-occurrence limit: each claim is limited to $100,000. But the aggregate caps total payouts for the policy period. Claim 1: $80,000 (under $100K limit, paid in full). Claim 2: $90,000 (under $100K limit). Total: $170,000 — still under the $300,000 aggregate. Answer: $170,000. Wait — both are under…
-
What is the purpose of a 'reservation of rights' letter?
- To reserve the best hotel during a CAT deployment
- To notify the insured that the insurer is investigating the claim while reserving the right to deny coverage if investigation reveals non-coverage ✓
- To reserve the insured's rights against a third party
- To guarantee payment of a claim
A reservation of rights (ROR) letter is sent when an adjuster is uncertain whether a claim is covered but investigates anyway. It preserves the insurer's right to later deny coverage without waiving that right through the act of investigating. Without an ROR, an insurer that investigates extensively…
-
An insured has replacement cost coverage. A 5-year-old roof is destroyed. A new roof costs $15,000. What is the Actual Cash Value (ACV)?
- $15,000
- $10,000
- $7,500
- Cannot be determined without a depreciation schedule ✓
ACV requires applying depreciation to the replacement cost. To calculate ACV, you need: replacement cost AND the depreciation rate for the roof's age and material. A 5-year-old asphalt shingle roof might be 25% depreciated (5 years of a 20-year life = 25%), giving ACV of $15,000 × 0.75 = $11,250. Bu…
-
What is 'medical payments coverage' in a homeowners policy?
- Health insurance for the homeowner
- Coverage that pays medical bills for guests injured on the insured's property — regardless of fault, up to the policy limit ✓
- Coverage for the homeowner's own medical bills
- A required endorsement in all states
Medical Payments coverage (Coverage F in homeowners; MedPay in auto) pays medical expenses for guests or visitors injured on the insured's property without requiring proof of negligence. It is a goodwill coverage — small limits ($1,000–$5,000 typically) that pay quickly to preserve relationships and…
-
What is 'bad faith' in insurance claims handling?
- An insured lying on their application
- An insurer failing to act reasonably and in good faith in investigating, evaluating, or paying a covered claim — a violation that exposes the insurer to extra-contractual damages ✓
- An adjuster making a small mistake in valuation
- Denying any disputed claim
Insurance bad faith is a legal claim against an insurer for unreasonable handling of a covered claim. Common bad faith acts: failing to investigate promptly; denying claims without adequate investigation; misrepresenting policy provisions; offering unconscionably low settlements; unreasonably delayi…
-
A claimant alleges a slip and fall on a store's wet floor. What must the adjuster establish to determine if the insured (store) is liable?
- Only that the floor was wet
- The four elements of negligence: duty (did the store owe a duty of care to the claimant?), breach (did the store breach that duty by failing to warn or dry the floor?), causation (did the breach cause the fall?), and damages (did the claimant suffer actual harm?) ✓
- Only that the claimant fell
- Only that the store has insurance
LIABILITY CLAIM ANALYSIS requires all four NEGLIGENCE ELEMENTS: DUTY: Stores owe invitees (customers) a duty of reasonable care — to maintain safe premises; BREACH: Was the floor wet for an unreasonable period without warning signs or cleanup? Did the store have constructive notice (should have know…
-
A homeowner files a claim for fire damage. The adjuster inspects and estimates replacement cost at $150,000. The insured has an 80% coinsurance requirement on their policy with $90,000 of insurance. What is the maximum the insurer pays?
- $150,000
- $90,000 (policy limit)
- $75,000 — the coinsurance penalty applies: insured carried 60% of required coverage (90,000 ÷ 150,000 = 0.60) vs required 80%; payment = loss × (carried ÷ required) = 150,000 × (90,000 ÷ 120,000) = $112,500
- $112,500 ✓
COINSURANCE FORMULA: Payment = Loss × (Amount Carried ÷ Amount Required). Required coverage = $150,000 × 80% = $120,000. Actual coverage carried = $90,000. Ratio = 90,000 ÷ 120,000 = 0.75. Maximum payment = $150,000 × 0.75 = $112,500. Note this is LESS than the policy limit ($90,000)... wait — actua…
-
What is 'subrogation' in insurance claims?
- The insured's right to appeal a claim denial
- The insurer's right to recover from a responsible third party the amount paid to the insured — for example, if another driver caused an accident and the injured party's own insurer paid PIP benefits, the insurer can subrogate against the at-fault driver's insurer to recover those payments ✓
- The insured's obligation to cooperate with the investigation
- The process of settling a claim below value
SUBROGATION: The insurer 'steps into the shoes' of the insured after paying a claim — acquiring the insured's legal right to recover from the responsible third party. EXAMPLE: Driver A causes accident; Driver B (insured) has collision coverage, which pays for vehicle repair. Driver B's insurer has s…
-
An adjuster is examining a burglary claim. The homeowner reports $15,000 in stolen electronics. The adjuster discovers the insured has no purchase receipts, no photos of the items, and no model/serial numbers. What should the adjuster do?
- Pay the claim immediately based on the insured's statement
- Deny the claim for lack of documentation
- Request all available documentation and use reasonable methods to establish value — police report, credit card records, store purchase history, independent valuation of similar items; work with the insured to substantiate the claim before making a payment determination ✓
- Simply pay 50% of the claimed amount as a compromise
DOCUMENTATION AND PROOF OF LOSS: The insurer has the right to require reasonable proof of loss — the insured must demonstrate that the claimed items existed and establish their value. INVESTIGATION APPROACH: Request police report (contemporaneous listing of reported stolen items); credit card/bank s…
-
A claimant's medical treatment for a soft tissue injury lasted 3 months. They have $4,500 in medical bills and missed 2 weeks of work at $1,000/week. They also claim pain and suffering. How does a bodily injury adjuster approach a fair settlement value?
- Pay only the medical bills
- Medical bills + wage loss only
- Medical specials + wage loss + general damages (pain and suffering) — general damages are typically calculated as a multiplier of medical specials (1.5x-4x for soft tissue; higher for severe injuries), adjusted for liability (if any comparative fault) and specific case factors ✓
- Refuse all soft tissue claims
BODILY INJURY SETTLEMENT CALCULATION: SPECIAL DAMAGES (economic): Medical bills $4,500 + Lost wages $2,000 = $6,500; GENERAL DAMAGES (pain and suffering): Multiplier method: soft tissue, short duration (3 months), full recovery → 1.5x-2x special damages = $9,750-$13,000; TOTAL SETTLEMENT VALUE RANGE…
-
When must an insurer acknowledge receipt of a claim and begin investigation under most state unfair claims practices acts?
- Within 90 days
- Within 24 hours of receiving the claim, acknowledgment; investigation must begin promptly; most states require acknowledgment within 10-15 working days and denial or offer within 30-45 days of receiving proof of loss ✓
- Whenever the adjuster gets around to it
- Only after the insured provides all documentation
UNFAIR CLAIMS SETTLEMENT PRACTICES: Every state has laws (based on the NAIC model) regulating insurer claims handling. COMMON REQUIREMENTS: Acknowledgment of claim receipt: typically within 10 business days; Prompt investigation: begin within a reasonable time (some states specify days); Communicati…
-
What is the difference between replacement cost value (RCV) and actual cash value (ACV) in property insurance?
- They are the same thing
- RCV pays to replace the damaged property with new property of like kind and quality, without deducting for depreciation; ACV pays RCV minus depreciation — representing the current market value of what was destroyed ✓
- ACV always pays more than RCV
- RCV only applies to commercial property
VALUATION METHODS: REPLACEMENT COST VALUE (RCV): Cost to replace with NEW property of like kind and quality today — no depreciation deduction; most homeowners policies cover dwelling at RCV; higher premium but no 'out of pocket gap' for depreciation; ACTUAL CASH VALUE (ACV): RCV minus depreciation —…
-
An adjuster discovers that a policy was issued based on a material misrepresentation on the application — the insured failed to disclose prior DUI convictions when asked. The claim at issue occurred after policy issuance. What option does the insurer have?
- None — the policy was issued, so claims must be paid
- The insurer may rescind (void) the policy from inception if the misrepresentation was material and would have affected the insurer's decision to issue or the premium charged — all premiums returned, all claims denied ✓
- The insurer must pay the claim but can cancel future coverage
- The insurer can only increase the premium retroactively
MATERIAL MISREPRESENTATION and RESCISSION: Insurers can void a policy from inception (as if it never existed) when: the insured made a material misrepresentation on the application AND the misrepresentation was relied upon in underwriting AND the misrepresentation was material (would have affected t…
-
What is a 'reservation of rights' letter and when should it be sent?
- A letter thanking the insured for their loyalty
- A letter from the insurer that identifies potential coverage defenses while the claim is being investigated — it puts the insured on notice that the insurer is investigating coverage but is not waiving any rights by participating in the claim ✓
- A letter requiring the insured to provide more documentation
- A letter offering to settle the claim
RESERVATION OF RIGHTS (ROR) LETTER: WHEN TO SEND: Any time there is a coverage question or potential policy defence — do NOT wait until investigation is complete; sending late may result in a court finding that coverage defences were waived by the delay; CONTENT: Identifies the specific policy provi…
-
After settling a property claim, the adjuster discovers the insured committed fraud — they inflated the value of damaged items and included items that were not actually present. What can the insurer do?
- Nothing — once a claim is paid, it cannot be recovered
- Report to the police but take no financial action
- Seek recovery of the fraudulent payment through civil litigation and potentially criminal fraud reporting; rescind the policy for concealment/fraud under the fraud provision; reserve the right to deny future claims ✓
- Only reduce future premiums
INSURANCE FRAUD RESPONSE: POLICY PROVISION: All property policies contain a fraud/concealment provision — if the insured willfully conceals material facts, misrepresents, or commits fraud, the insurer can void the entire claim and potentially the policy itself; INSURER OPTIONS: Deny the entire claim…
-
A claimant presents a demand for $500,000 but the at-fault insured has only $100,000 in liability coverage. The adjuster believes the case has a fair value of $85,000. What is the adjuster's primary obligation?
- Offer the policy limit immediately
- Evaluate the case fairly and attempt to settle within policy limits — if there is a reasonable probability the jury verdict could exceed the policy limit, the adjuster has a duty to attempt settlement within the policy limit to protect the insured from excess judgment exposure ✓
- Offer the fair value ($85,000) and ignore the excess demand
- Require the insured to pay the difference out of pocket immediately
EXCESS JUDGMENT AND INSURER DUTY: When a claim could exceed policy limits, the insurer has a duty to protect the insured from personal excess judgment exposure. DUTY TO SETTLE: When a settlement demand is within policy limits and the case has a reasonable value near or above the limit, the insurer h…
-
A policyholder files a claim for water damage. Investigation reveals the damage resulted from a slow leak that occurred over 6 months, not a sudden event. How does this affect coverage?
- All water damage is covered the same way
- This is likely excluded — most homeowners policies cover SUDDEN AND ACCIDENTAL water damage, not damage resulting from gradual leaks, seepage, or long-term moisture; a 6-month slow leak constitutes maintenance/wear and tear, not a covered sudden loss ✓
- Only covered if the leak caused mold
- Covered if the policyholder didn't know about it
SUDDEN AND ACCIDENTAL vs GRADUAL DAMAGE: Most property policies cover water damage from sudden, unexpected events (burst pipe, appliance failure) but EXCLUDE: Gradual leaks over time; seepage; rot and decay from ongoing moisture; continuous or repeated seepage over weeks or months; POLICY LANGUAGE: …
-
An insured calls to report they hit a deer with their vehicle. Which coverage applies?
- Liability coverage
- Collision coverage
- Comprehensive (Other Than Collision) coverage — animal strikes are classified as comprehensive, not collision, because a collision specifically means contact with another vehicle or object the insured drove into ✓
- Medical payments coverage only
COMPREHENSIVE vs COLLISION COVERAGE: COLLISION: Contact between the insured vehicle and another vehicle or stationary object that the insured vehicle drove into; COMPREHENSIVE (OTC — Other Than Collision): All physical damage NOT from collision — including: Animal strikes (deer, birds, dogs); Hail a…
-
What is 'consequential loss' in property insurance and how is it typically handled?
- A loss that results from a legal judgment
- A secondary loss that occurs as a consequence of a direct physical loss — for example, spoiled food in a refrigerator following a covered power outage, or additional living expenses following a home fire; coverage depends on policy language ✓
- Any loss over $10,000
- A loss caused by a third party
CONSEQUENTIAL LOSSES: Also called indirect losses or consequential damage. Examples: Food spoilage from covered refrigerator breakdown (sub-limit typically $500); Additional Living Expenses (ALE) after a covered loss makes home uninhabitable — hotel, meals, storage costs while home is repaired; Loss…
-
What is 'medical payments coverage' (MedPay) and how does it differ from bodily injury liability?
- They are the same coverage
- MedPay is a first-party no-fault coverage that pays medical expenses for the insured and passengers regardless of fault — it does not require proving the insured was liable; BI liability is a third-party coverage that pays damages to others when the insured is at fault ✓
- MedPay only covers the driver, not passengers
- BI pays for medical bills; MedPay pays for pain and suffering
MEDPAY vs BODILY INJURY LIABILITY: MEDICAL PAYMENTS (MedPay): First-party coverage — pays for the INSURED and passengers in the insured vehicle; No-fault — pays regardless of who caused the accident; Covers medical expenses only (not pain and suffering, lost wages); Lower limits (typically $1,000-$1…
-
What is the primary role of an insurance claims adjuster?
- To sell insurance policies
- To investigate, evaluate, and settle insurance claims — determining coverage, assessing the extent of loss, and arriving at a fair claim payment under the policy ✓
- To set premium rates
- To underwrite new applications
A claims adjuster's primary role is to handle insurance claims: investigating the facts of a loss, determining whether and how the policy provides coverage, assessing the extent and value of the damage or injury, and negotiating and settling the claim for a fair amount under the policy terms. Adjust…
-
What is the difference between a staff (company) adjuster, an independent adjuster, and a public adjuster?
- They are all the same
- A staff adjuster is employed by the insurer, an independent adjuster is hired by insurers on a contract basis to handle claims, and a public adjuster is hired by and represents the policyholder (insured) in a claim ✓
- All three represent the insured
- All three work for the government
These three adjuster types differ by whom they work for. A staff (company) adjuster is a salaried employee of the insurance company and handles claims on its behalf. An independent adjuster is an independent contractor hired by one or more insurers (often during catastrophes or for overflow) to adju…
-
What is a primary goal of the claims investigation an adjuster conducts?
- To deny every claim
- To determine the facts of the loss, whether the policy covers it, who or what caused it, and the extent of the damages, so the claim can be handled fairly and accurately ✓
- To sell additional coverage
- To raise the insured's premium
The claims investigation aims to establish the facts needed to handle a claim fairly and accurately: what happened (the cause and circumstances of the loss), whether the policy in force covers the loss (and any exclusions or conditions that apply), who or what was responsible, and the extent and val…
-
What is an 'examination under oath' (EUO) in claims handling?
- A medical exam
- A formal proceeding in which the insurer, often through an attorney, questions the insured under oath about a claim, used when the policy permits it and circumstances warrant deeper investigation ✓
- A property appraisal
- A premium audit
An examination under oath (EUO) is a formal investigative tool in which the insured is questioned under oath — typically by the insurer's attorney, with a court reporter present — about the details of a claim. Many policies contain a provision requiring the insured to submit to an EUO as a condition…
-
When valuing a property loss on an actual cash value (ACV) basis, how does an adjuster generally calculate it?
- Replacement cost plus depreciation
- Replacement cost minus depreciation ✓
- The original purchase price
- Twice the repair cost
On an actual cash value (ACV) basis, an adjuster generally values a property loss as the replacement cost of the damaged item minus depreciation (the reduction in value due to age, wear, and obsolescence). For example, a ten-year-old roof damaged in a storm would be valued at what a new roof costs, …
-
What is 'recoverable depreciation' in a replacement cost claim?
- Depreciation that is never paid
- The amount of depreciation initially withheld from an ACV payment that the insured can recover after they actually repair or replace the damaged property, up to the replacement cost ✓
- A penalty fee
- The deductible amount
In a replacement cost claim, the insurer often pays the actual cash value first (replacement cost minus depreciation), holding back the depreciated amount. That withheld amount is the 'recoverable depreciation,' which the insured can collect once they actually complete the repair or replacement and …
-
What is a key principle an adjuster should follow when negotiating a claim settlement?
- Always pay the maximum to avoid conflict
- Negotiate in good faith toward a fair settlement supported by the facts and the policy terms, treating the claimant honestly and avoiding both overpayment and unfair underpayment ✓
- Offer the lowest possible amount regardless of the facts
- Refuse to communicate with the claimant
An adjuster should negotiate claim settlements in good faith, working toward an amount that is fair and supported by the investigation's facts and the policy's terms. This means treating claimants honestly and professionally, neither overpaying (which harms the insurer and the risk pool) nor unfairl…
-
What is a 'release' in the context of settling a claim?
- A coverage denial letter
- A document the claimant signs upon settlement, agreeing to give up further claims arising from the loss in exchange for the settlement payment ✓
- A renewal notice
- A premium refund
A release is a legal document the claimant signs when a claim is settled, in which they agree to relinquish (release) any further claims against the insurer and/or the responsible party arising from that loss, in exchange for the agreed settlement payment. Once signed, a valid release generally bars…
-
What constitutes 'bad faith' claims handling by an insurer or adjuster?
- Paying a claim promptly
- Unreasonable conduct in handling a claim — such as unjustified denial, unreasonable delay, failure to investigate properly, or lowball offers without basis — that breaches the duty of good faith and fair dealing ✓
- Investigating a claim thoroughly
- Requesting documentation
Bad faith refers to an insurer's or adjuster's unreasonable or unfair conduct in handling a claim, breaching the implied duty of good faith and fair dealing owed to the insured. Examples include denying a valid claim without a reasonable basis, unreasonably delaying investigation or payment, failing…
-
What is the purpose of state Unfair Claims Settlement Practices Acts?
- To help insurers deny claims
- To prohibit specified unfair practices in handling claims — such as misrepresenting policy terms, failing to act promptly, or not attempting good-faith settlement — and to protect consumers ✓
- To set premium rates
- To eliminate the need for adjusters
State Unfair Claims Settlement Practices Acts (often based on an NAIC model) define and prohibit a list of unfair practices in the handling of insurance claims, in order to protect policyholders and claimants. Prohibited practices commonly include misrepresenting pertinent facts or policy provisions…
-
What special challenges do adjusters face when handling catastrophe (CAT) claims after a major disaster?
- There are no special challenges
- A high volume of claims, large numbers of severely damaged or destroyed properties, difficult access and conditions, the need for many adjusters quickly, and pressure to handle claims fairly and promptly under strain ✓
- Fewer claims than normal
- No need for documentation
Catastrophe (CAT) claims — arising from events like hurricanes, wildfires, floods, or major storms — present special challenges: a sudden surge in claim volume, widespread and often severe damage, difficult or dangerous site access, strained resources, and the need to deploy many adjusters (often in…
-
Why is thorough documentation so important in claims handling?
- It is not important
- Because complete, accurate documentation supports the claim decision, demonstrates a proper and fair investigation, protects against disputes or bad-faith allegations, and creates a reliable record of the claim ✓
- To slow down the process
- Only to increase paperwork
Thorough documentation is essential in claims handling because it records the facts, evidence, communications, and reasoning behind the claim decision. A well-documented file — including the loss notice, photos, statements, estimates, expert reports, correspondence, and the adjuster's notes — suppor…
-
What is a 'proof of loss' form in property claims handling?
- A premium bill
- A formal, often sworn statement the insured provides to the insurer detailing the claimed loss — such as the cause, date, and amount — which the policy may require as a condition of payment ✓
- A coverage denial
- A renewal application
A proof of loss is a formal statement — frequently sworn (signed under oath) — that the insured submits to the insurer documenting the details of a claimed loss, typically including the date and cause of loss, a description and inventory of the damaged property, and the amount being claimed. Many pr…
-
What is a 'reservation of rights' letter, and why might an adjuster issue one?
- A claim payment
- A notice to the insured that the insurer is investigating or handling a claim while reserving its right to later deny coverage if the investigation shows the loss is not covered, so the insured is not misled into believing coverage is admitted ✓
- A premium increase notice
- A policy renewal
A reservation of rights letter is a notice an insurer sends to an insured when there is a question about whether a claim is covered. It informs the insured that the insurer will investigate and may proceed to handle or defend the claim, but is reserving its right to deny coverage later if the invest…
-
What ethical duty does an adjuster owe regarding fair and honest treatment of all parties?
- To favor the insurer at all costs
- To handle claims honestly, fairly, and competently — applying the policy correctly, treating claimants with fairness and respect, avoiding misrepresentation, and complying with laws and regulations ✓
- To pay the smallest amount possible
- To delay all claims
An adjuster owes ethical duties of honesty, fairness, and competence in handling claims. This means applying the policy terms correctly, conducting a proper investigation, treating claimants fairly and with respect, communicating truthfully (avoiding misrepresentation of facts or policy provisions),…