The Liability Claims File

Published: Aug. 5, 2021, 1:33 p.m.

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Explaining the Contents Required of a Liability Claims File   

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https://zalma.com/blog

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The claim file is the basic foundation on which all claims are resolved.  It is used by defense counsel to properly defend a claim. It is the  source of all necessary information to make a reasoned decision with  regard to a claim. An incomplete claim file is a danger to the insurer  and its insured and is evidence of unprofessional claims handling. For  all liability claims it is important to memorialize and record the facts  as soon as possible after the incident.  Insurers have adopted computerized log notes so that claims personnel  can record, but not erase, notes of the conduct day by day. They do so  to allow supervision of the claims handlers, comply with the  requirements of state regulators who are called upon to deal with  complaints, and to be able to provide evidence that the claims  investigation was conducted in good faith.  The Need for Photos  Photographs should be good quality, reproducible, and with a negative  that can be enlarged or recorded digitally with at least sufficient  density that the photos can be printed, enlarged or projected in high  quality.  Publications  Newspapers published the day of, and the day after, the incident provide  information regarding the weather on the date of the incident, the  temperature, the time of sunrise and sunset, wind patterns, smog or  visibility problems, and other information relating to the environmental  context of the incident. Other local articles, magazines, or  publications that provide an unbiased, objective view of weather,  events, or other conditions that may have had a bearing on the incident  can yield valuable insights.  Police, Governmental or Internal Security Reports  Copies of all reports made by any agency regarding the incident should  be obtained.  Communications With Claimant & Witnesses  All contacts with each claimant should be specifically documented,  including the dates that each contact took place, the time and place of  the contact, who was present at the time of the contact, whether the  contact was recorded by the adjuster and/or the claimant, and the  physical condition of the claimant at the time of the contact. The  adjuster should record observations of casts, canes, or walkers and  their use by the claimant.  \\xa9 2021 \\u2013 Barry Zalma

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