See the full video at https://rumble.com/ve4tfb-a-video-explaining-the-discoverability-of-insurance-claims-files.html and at https://youtu.be / XaEBdYUD1bo
Many files can be detected or can be detected. Therefore, the adjuster should consider that any comment written will be directed to "Jury Ladies and Gentlemen." If the adjuster is not ready to read the comment aloud to a jury, it should not be written in the file.
Anticipation of Litigation
If an insurance investigation is made pending disputes, the investigation is protected from the discovery of the other party. But if the other party can show that it has a great need for the information and cannot get the information in any other way, it can be discovered. There is no absolute protection. If the investigation has been initiated without anticipation of disputes and it then becomes clear to the investigator that disputes may lead to, the documents prepared by the investigator from the beginning of the investigation may reach the point where it became clear that disputes may be discoverable by the other party. The important question for determining discoverability is whether something in the claim has been drawn up pending disputes.
The protection is often called the product right of the legal profession. However, it is not a privilege but a protection that the lawyer has to keep his or her work out of the hands of the opponent.
The duty to defend is not limited to hiring a lawyer to participate in conduct on behalf of an insured and litigation in a lawsuit. The duty to defend includes investigation and collection of evidence to be used in a defense if a claim is made before a trial is filed. The insurer is obliged to carry out a thorough investigation to prepare the lawsuit and, if done quickly and accurately, it may lead to a settlement before the lawsuit is filed.
In most states, an insurer is required to go beyond the face of a complaint. and instruct its adjuster to conduct a thorough, independent investigation to determine if there are other facts that may give rise to a possible liability for damages. [ Mullen v. Glens Falls Ins. Co. 73 cal. App. 3d 163, 140 cal. Rptr. 605 (1977)]. This means that although the complaint alleges that the insured planned for several weeks to kill the plaintiff, bought a weapon to explicitly use it to kill the plaintiff, hid in the bushes outside the plaintiff's house, waited for him to come and then pumped inserted six bullets into his body and caused him serious bodily harm, an insurance company may not be able to refuse to defend its insured against "intentional act" solely without first conducting a thorough investigation. The investigation can show that the accusations about the complaint are completely false and fraudulent. Perhaps the insured was not even in the city at the time of the shooting, or was free from fault on another basis. as an insurance consultant who specializes in insurance coverage, handling insurance claims, infidelity and insurance fraud almost equally for insurers and policyholders. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance industry. He is available at http://www.zalma.com and firstname.lastname@example.org.
Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.
For the past 53 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claims staff to become insurance claims staff.
Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Zalma on Twitter at https://twitter.com/bzalma ; Go to Barry Zalma videos on Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ Read posts from Barry Zalma at https://parler.com/profile/Zalma/ posts; and Read the last two issues of ZIFL here.