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Bad Faith

Joan Deimling

Joan Deimling has over thirty years’ experience in the insurance industry in policy rating, customer service and claims. She has been responsible for the supervision of policy issuance, commercial rating both liability and property as well as worker’s compensation and customer service. Joan’s customer service knowledge and skill set benefits clients in managing customer accounts…

Bad Faith – Hard to Define – But You Know It If You See It

Dad Faith: Breaching the usual and customary practices of, and/or failing to maintain the standards of care required by, the insurance (and Risk Management) industry based on the concept of “Utmost Good-Faith”

Chantal M. Roberts

I am recognized by colleagues as a subject matter expert in claims management best practices. I am a highly experienced executive and provide a record of expertise and accomplishments in insurance claims management, bad faith claims management, insurance adjustment strategies, third party management and collaboration, attorney collaboration, and public speaking.   I served as the…

Damian J. Arguello

Risk management & insurance thought leader & influencer, law professor, coverage counsel, & insurance expert witness.

Podcast: Claim Ramifications of Keodalah v. Allstate Decision in Washington State

THE CLAIMS JOURNAL interviewed AAIMCo member Kevin Quinley on claim ramifications of the 2018 Keodalah v. Allstate decision, allowing adjusters to be added as individual defendants in bad faith lawsuits.

Technical Aspects Of Professional Liability Claims

“To the uninformed, “a claim is a claim is a claim.” To some extent this is true. Any type of liability claim requires proof that the insured owed a duty to another person or entity, that the insured breached this duty, and that the breach was the proximate cause of quantitatively measurable damages suffered by the person or entity to whom the duty was owed. Thereafter, it becomes a matter of determining whether or not there are any defenses such as comparative or contributory negligence on the part of the claimant. Finally, there is the question of coverage—the issue of whether or not the policy will respond to the claim. ….

There are significant differences between managing professional liability claims, compared to those arising out of more standardized coverages. …”

The risks inherent in diminishing limit policies

“Diminishing limits policies create a host of potential problems for insurance company claim departments. As is well known the insurance industry has long been plagued with “nuisance” claims. While in some instances insurance companies make quick settlements of nuisance claims to avoid defense cost expenditures, in others, insurers will attempt to resist such claims to avoid setting a precedent, thereby sending a message to the plaintiff’s bar that nuisance claims will not be honored. Considering that defense costs are deducted from the policy’s aggregate limits, either course of action places an insurance company in a difficult position. … “

“Ten Claim-Handling Lessons from `The Game of Thrones'”

Kevin extracts insights from HBO’s popular series and sees implications for how claim professionals approach the challenges in their work.

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