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84 Cards in this Set

  • Front
  • Back

Representational Documents

1.Photos


2. Videos


3. Maps


4. Diagrams

What information should be included with a photo in a claim file?

-Photographer's name


-Date photo taken


-Time of photo


-Whether artificial light was used


-Type/Speed of camera


-If flash used


-Name of insured


-Policy #


-Claim #

Direct Questions

Seek brief answers

Open-Ended Questions

Questions seek detailed answers

7 Part Method

1.Permission & Intro


2. Identification


3. Setting


4. Incident


5. Post Incident injuries/damages


6. Miscellaneous


7. Conclusion

How should statements be organized

7 Part method; Body of statement should adapt to different type of losses and contain info specific to that type of loss

Qualities of Effective Statements

Coherent


Complete


Objective

What is advantage of video statements

Reveals physical characteristics of interviewee, visible injuries, body language and expressions


What are advantages of recorded statements for claim reps?

Saves time, get account of claims from interviewees own words, allows claim rep to ask questions and get more in depth info

What is the advantage of written statement

More easily admitted into evidence than recorded statement

Leading Question

May requier yes/no answer, gives no explanation of details

Sworn Statement

Signed records of event as told by interviewee, declaration of truth

Examination Under Oath

Statement given by a who has sworn to tell truth before officer of court

EUO

Examination Under Oath


Deposition

Pretrial discovery tool involving oral examination of a witness to produce written verbatim record

What is the major reason for obtaining a sworn record

Legal requirement to be admissible as evidence in legal proceedings

Describe an Affidavit?

A sworn written statement

Compare recorded statement to an EUO

EUO is more formal than recorded statement

How are recorded statements taken

By claim rep typically by phone

How are EUO taken

By attorney for insurer usually at insurer's office, or court reporters office

How is proof of loss taken

Claim rep mails to insured; insured signs and notarizes it; then mails back to insurer

When are examination under oath used?

Whenever serious questions exist about the validity or extent of injury or damages in a claim

When are depositions obtained

Used as part of discovery in a lawsuit

Types of sworn statements

Deposition


Recorded


Affidavit


Proof of Loss


Examination Under Oath


Recorded statements, often time are the only type of sworn statements in ______________ claims

Commercial General Liability

Exception...


________________ claims typically require insureds only to cooperate

Worker Compensation

___________ gives the insurer opportunity to see how insured will do in litigation process

EUO

___________ can be added to a recorded statement

Affidavit

It's almost never advisable to ...

subsequent deposition in exchange for recorded statement

Easily admitted into evidence

Written Statement

Types of statements taken during investigation

Recorded


Written


Investigation

Spoliation

Failure to preserve property for another's use in litigation

What can spoliation lead to

Spoliation claim

Disadvantage to allegations of spoliation to evidence

delay claim resolution, complicate litigation, influence jury verdict

Spoliation Claims are usually raised as ____________________ .

defense in court proceedings

What is needed to show evidence has been improperly lost or destroyed

Proof

Spoliation in tort is precluded by the...

Exclusive Remedy Rule

Remedies for Spoliation

-Dismissal of Case


-Adverse inference


-Sanctions; court imposed sanctions


-Exclusion of any evidence relating to missing evidence

Advantage to video

powerful means to explain how events occurred; sometimes used to establish claimants physical ability

Should be prepared by professionally trained surveyors or engineers

Maps

What should be included with a photo

photographers name, date and time of photo, whether artificial light or flash used

What should be attached to certain photos

measurement & description with things like skid marks, broken pavements, pot holes

digital photos are easy to _________

copy and alter

For serious claims photos should __________

be taken by professional photographer, experienced investigator, or person who has involvement in the case

Representational documents

Photographs


Maps


Diagrams


Videos

Two general uses of photos in a claim file

Demonstrative evidence, and document an investigative technique

What elements typically demonstrated in auto accident scenes made for claim investigations?

streets, direction of vehicles before and after accident, obstructions to view, grade of street, and location of traffic lights

Diagrams are included in claim files as _______________________.

visual aids to communicate or clarify the events that gave rise to a claim

NCCI

National Council on Compensation Insurance

Internal Managers use claim data to

Make decisions on pricing, underwriting, reserving, and investing

Actuaries use claim data to

Supply info required to calculate insurance rates, develop rating plans, and estimate loss revenues

ASOP

Acturial Standard Of Practice

Advisory Services use claim data in

The development of prospective loss cost, standard insurance policy forms, and develop policy forms, endorsements, and rating systems .

AAIS

American Association of Insurance Services

Statistical Agents use claim data to

Report aggregated info to the state insurance departments

Regulators use claim data to

Determine if rates are adequate, not excessive, not unfairly discriminatory.

Regulators collect data by

State, Class, and Coverage

Stakeholders Who use Claim Data

Regulators, Statistical Agents, Advisory Services, Actuaries, and Internal Managers

What will happen if information claim rep enters is incomplete/inaccurate?

This will affect the accuracy and completeness of aggregate data that are used as a basis for important business and regulatory decisions

Basic characteristics of good quality management

Accuracy, Validity, and Completeness

Data Quality Management includes:

The reporting, analysis, and interpretation of data

Data Quality Problems

Data errors


Missing data & Null values


Duplicate transactions


Default values rather than actual values

First Principle that determine the quality of data

Data are appropriate for the intended use

Second Principle that determine the quality of data

The data are reasonable and comprehensive

Third Principle that determine the quality of data

Methods used to obtain data are appropriate and any material limitations of the data are addressed

Loss History

Listing of past claims including DOL, line of business, type/description of claim, amount paid/reserved

Loss Reserves

an estimate of the amount insures expect to pay in the future for losses that have already occurred and been reported but not yet settled

Loss Ratios

Ratios that measures losses and loss adjustment expenses against earned premiums / & that reflects premiums being consumed by losses

When bodily injury claim is filed by medicare elgible claimant or plaintiff the insurer/self insured organization is required to electronically submit info on the identity of the claim to

Center of Medicare and Medicaid Services

US Medicare, Medicaid & SCHIP Extension Act of 2007, se 111 created a mandatory reporting requirement of

Self Insureds

ISO's offer a vast number of services and products to support insurance risk management by providing...

Statistical, acturial, underwriting, claim, and compliance services

NICB

National Insurance Crime Bureau

What is the NCIB, and what do they do?

Non profit organization dedicated to preventing, detecting, and defeating insurance fraud.

N.M.V.T.I.S.

National Motor Vehicle Title Info System

Bodily Injury Reporting

Helps develop statistics

How are statistics related to Bodily Injury reporting

Info is used to properly staff workers compensation, and develop state safety codes and various workplaces

Workers Compensation Statistics

Is used to develop the US OSHA laws, and general safety requirements and reccomendation

NCCI

National Council & Compensation Insurance

What is Auto Accident reporting used for?

Used for statistics that form the basis of laws regarding minimum auto liability limits, no fault laws, and similar regulations

Fire losses are reported to who by insurers

Fire Marshal

Child Support enforcement reporting is

Claims payments are redirected from individuals who are delinquent on child support payments

Statistics from Fire reporting

Used to help states determine the # of fire stations and amount of equipment needed to protect communities .

Statistics from Fraud reporting

State and federal governments use insurance fraud stats to develop fraud detection, investigation, and prevention services

OFAC

Office of Foreign Asset Control Reporting