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A Video Explaining the Need tor Training of the Fair Claims Settlement Practices Regulations
\\n\\nIn 1993, after waiting five years after receiving direction from the California Supreme Court, the state of California determined that the insurance industry needed to be regulated to stop insurers from treating the people insured badly and without good faith. It created a set of Regulations called the \\u201cCalifornia Fair Claims Settlement Practices Regulations\\u201d (the \\u201cRegulations) that were designed to enforce the mandate created by the California Fair Claims Settlement Practices statute, California Insurance Code Section 790.03 (h).
\\nin response to the direction of the California Supreme Court in its decision, Moradi-Shalal v. Fireman\\u2019s Fund Ins. Companies, 46 Cal. 3d 287 (1988). In so doing the California Department of Insurance (CDOI) issued rules that were designed to micro manage the business of insurance claims and create a method to punish those insurers who failed to comply with the Regulations. Some of the Regulations recited what had always been recognized by the insurance industry as good faith and proper claims handling.
\\nOthers imposed draconian mandates on what and when to do everything in the claims process. The Regulations also provided a guide to insureds, public insurance adjusters and policyholders\\u2019 lawyers to assert any violation of the Regulations to be evidence of an insurer\\u2019s breach of the implied covenant of good faith and fair dealing.
\\nAll insurers doing business in California must comply with the requirements of the Regulations or face the ire of, and attempts at financial punishment from, the CDOI. That punishment was found to be questionable and limited because of one courageous insurer who fought the CDOI and succeeded before an administrative law judge who limited the right to punish. That success, as far as I have been able to determine, has not been emulated.
\\nRegardless of difficulties in assessing punishment the state of California requires all who are involved in the claims process \\u2014 even if only tangentially \\u2014 to be trained with regard claims handling in compliance with the Regulations and attest to completion of such training under oath. To avoid the required annual training the claims person can submit a sworn document to the insurer or insurers for whom the claims person works that avers that he or she has read and understood the Regulations.
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