Document, document, document
Have you ever received the file from another adjuster only to realize that the adjuster never documented their file? Were you ever told by your defense counsel that you are likely going to have to pay penalties on an issue, because there is nothing in the claims file documenting your reasons to allow us to argue that they were reasonable? The goal would be that another adjuster or supervisor or a defense attorney picking up your claim should be able to review your claim notes and take from them exactly what actions you took and why you took them. The reasons why you took such actions are going to serve as the basis for our arguments that your actions were reasonable against any claim for penalties. And remember that Courts are going to give more credence to your explanation in your claim notes made contemporaneous with the action rather than your explanations offered at a later date.
Allen & Gooch is providing this legal update for informational purposes only. This article should not be construed as legal advice or a legal opinion as to any specific facts or circumstances. You should consult your own attorney concerning your particular situation and any specific legal questions you may have.