4.2 Claims: Handling Flashcards

1
Q

When will insurer be litigating against 3rd, usually

A

Subrogated claim in name of insured or for broker’s BoD

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Third figure in reserve table

A

Costs (Defendant)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What should go in status of claim

A

Current status of Ps, e.g. LoC received, proceedings commenced, notification received

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When will insurer be litigating against insured, usually

A

Over policy wording, refusing to pay out, or trying to avoid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

When will a Client Care Letter be required

A

If S is not on the panel for the insurer - one-off instruction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the defence costs covering in the reserve

A

For both insured and the other side - stage to show costs if settles early

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

After considering notification clause, consider what two things

A

Any avoidance issues and relevant exclusion clauses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is an IBNR reserve

A

Claims incurred but not yet reported, e.g. extreme weather event

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Two situations in which litigation can ensue

A

Against 3rd or against insured

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

If there is a breach of a general condition, remedy would be what

A

Damages, but negligible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What two columns of figures should there be in reserve table

A

To trial and to early settlement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is a market report

A

Coverage report addressed to entire market

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Always remember to take what off quantum table

A

Excess to be paid by insured

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What does an SLA set out

A

Standard of service, how it will be measured, fees, DR and termination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Before responding to insured, what should S always do on behalf of insurer

A

Reserve rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Why does S usually attend market meetings

A

To advise + keep discussions privileged

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

After avoidance issues + exclusion, what next in Coverage

A

Insurers should (not) provide cover bc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What 6 things to include at top of initial report

A

Insured, Claimant, Date of Claim, Date of Accident/event, Insurer’s reference, Recipient and address

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Two different options to include in Strategy part of report

A

Consequences if insurers decide to accept, and consequences if decide to deny, w/ recommendations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Why does insurer deal w/ claims instead of insured

A

Control costs and look from commercial perspective

21
Q

After going through insuring clause + if within policy period, what next in Coverage

A

Go through Limit of indemnity, defence costs, and excess

22
Q

What is the indemnity part of reserve covering

A

Exposure of insurer under the policy - losses recoverable under policy

23
Q

Panel Ss usually have what C w/ insurers

A

Service Level Agreement

24
Q

What are the two main ways of reporting to the market

A

Market meetings and market reports

25
If insurer is successful in subrogated claim, what happens with recovering from reinsurer
Will take account of subrogated recovery
26
First figure in reserve table
Liability
27
Three different kinds of reserves
Open claims, IBNR and IBNER
28
Timeline of claims handling
Notification by insured to broker/insurer; insurers contacts Ss; Ss acknowledge instructions; Ss build initial report
29
What is the potential consequence of failing to keep insurer updated
Negligence
30
What to contain in 'Liability' part
Discussion of claim against insured - potential defence? Concede liability?
31
Why does insurer need to be updated of improvement/deterioration
Advance notice needed of any pay out, needs to be able to input, and for financial year reporting Os
32
Fifth figure in reserve table
Subtract excess/deductible
33
What should you consider to see if S needs to advise on reserve
SLA
34
What are market meetings
Claims handlers from each insurer discuss claim
35
6 parts to initial report
Facts of claim, status, coverage, liability, quantum, strategy & recommendations
36
Why should S collect witness statements ASAP
Before ememories fade
37
What is the first thing to address in Coverage part
Insuring clause + clause on whether occurrence or claims made policy - go through definitions to see if within
38
Fourth figure in reserve table
Subtotal
39
What should go in facts of claim
Briefly identify issues and provide appropriate summary
40
Second figure in reserve table
Costs (Claimant)
41
Final part of Coverage
Consider if claim exceeds policy limit - insured self-insuring/excess insurers?
42
If insurers decide to deny liability, advise insurer to do what
Write to insured immediately to advise them and require that they act as a prudent uninsured and deal w/ Claim on best terms possible and seek independent legal advice
43
What is an IBNER reserve
Claims incurred but not enough reported - likely to change w/ more info
44
What three separate figures are provided for in the reserve
Indemnity, defence costs and S own fee
45
Who is an initial report prepared for
Both insurer and insured, but different content
46
After going through policy limit in report, what next in Coverage
Notification clause (CP? what is effect?
47
Two ways to carry out subrogation against culpable 3rd
Joining to main action or dealing w/ after main action against insured settled
48
What is a split trial
Insurer settles on issue of liability but reserves position on quantum of claim
49
What is an open claim reserve
Claims made + being investigated/processed