Unfair Claims Practices Legal Brief
The purpose of this course is to better equip you in your professional activities as an Insurance Agent or Insurance Adjuster.
This course reviews the Law of Unfair Claims Practices. An unfair claims settlement is the improper handling of an insurance claim by an insurance company violating a state law of unfair claims practices. In most states, insurance companies have a general duty to act in good faith in dealings with the insured (policy holder) and with third-parties with claims against the insured. We will review the NAIC Unfair Claims Settlement Practices Act as it bears on all state insurance departments. Insurance bad faith occurs when insurance companies delay, withhold, or deny policyholder benefits that are based on legitimate claims filed under valid insurance policies. In this course you will study the two main categories of bad faith claims: (1) bad faith claim handling; and (2) bad faith refusal to pay money. Specifically we will review the specific duties an insurer has to its policyholders when handling claims, including: Duty to Disclose, Duty to Investigate, Duty to Advise/Inform, Duty to Defend/Indemnify, and the Duty to Settle. The course also discusses Reservation of Rights and a typical “Homeowners Claims Bill of Rights”. As with our other “The Law Of” courses the legal doctrines discussed in the course are supported by numerous case studies to keep the course both interesting and instructive.
This course makes a few assumptions about you the student:
- You are a currently licensed Insurance Agent or Adjuster.
- You are interested in additional information, resources, and knowledge regarding insurance and the legal environment of business in general.
There are four key features to the Course Briefs Continuing Education courses:
- Introduction to the Law
- Legal Syllogism Overview
- Topical Analysis
- Supporting Case Law