Allegedly Denied, Delayed, or Underpaid Property Insurance Claims: Diagnosing The True Nature of Disputes

This CLE course, led by policyholder and insurer counsel, will examine how insurance counsel can evaluate a client or potential client's initial narrative that its property claim allegedly has been delayed, denied, or underpaid, so that counsel can determine before litigation, the true nature of a possible dispute—whether it be coverage, causation, valuation, compliance with policy conditions, scope of the loss, or disputes over adjustment conduct, or even a non-insurance issue. The panel will discuss common reasons that documentation, data, analysis, or other aspects of a claim can spawn disputes between carrier and insured over whether the facts may have required a different decision.

Whether a policyholder alleges bad faith, unreasonable delay, or underpayment, the insured's initial version of the facts is often incomplete or distorted. An attorney who misdiagnoses the actual disputes can end up asserting non-meritorious claims or proposing incorrect remedies or solutions. Experienced policyholder attorneys understand that their initial working theory often changes after they review key documents, photos, and communications related to the claim. 

There are a number of things carrier-side attorneys wish policyholder lawyers knew about how to expedite the claim resolution process without litigation. 

Attorneys in these matters need to determine what the insurer actually decided, identify the facts upon which those decisions were based, understand if facts were or were not verified, and assess whether the decisions and claim amounts were correct. It is important for both sides to recognize any red flags concerning analysis on key issues such as causation or valuation of work. Only after all of the facts have been analyzed can counsel arrive at an accurate diagnosis of the issues and work toward the most productive remedies. 

Listen as our panel of experienced insurance practitioners offers practical tips and guidance for getting beyond the original accusation of unfair delay or denial and identifying any real disputes as early in the process as possible and before commencing litigation.