Question

A kitchen fire occurs, before the insurer discovers the commercial use of the home. The damage...

A kitchen fire occurs, before the insurer discovers the
commercial use of the home. The damage is significant. You
are the adjuster assigned to this claim. When you become
aware that the insured had not disclosed the information to the
insurer about the use of the home, what should you do to
protect the insurer’s interest? What are the consequences of
not taking the proper steps to protect the insurer’s interest?
Discuss

its a business law question

Homework Answers

Answer #1

The following steps can be taken by the adjuster to protect the insurer's interest:

  • Investigation:
    • Pre-contact: Analyze all the available evidence before speaking to the home-owner. Review the claim documents, contact the neighbours to check on visitors to the house, and obtain eye-witness accounts. Reach out to third parties who may have occupied the house as visitors or had business dealings with the home owner. Check the social media activity of the home-owner or of the visitors in the recent past, to obtain evidence about the deliberate usage of the home for commercial purposes. Additionally, the past records of the claimants and their close associates can be investigated to check for any criminal antecedents or history of fraud.
    • Post-contact: Interview the home-owner to obtain more information and record their statements on the usage of the home. Use a line of questioning that could trap the suspects and prevent them from back-tracking on their statements later. For example, ascertain that the home-owner had enough access to and understanding of the property documents to avoid a defense later that someone else had filled in the forms on their behalf or that they were not fully aware that their documents were false. Further, conduct a stringent site inspection and use technology such as burn pattern analyses and computer simulations if necessary, to prove that the home was being used for business purposes.
  • Testification: Based on the evidence gathered and past experience, the adjuster may also serve as an expert witness in court to testify against the claimant.

The immediate consequence of not protecting the insurer’s interest would be the payout of a false claim and letting the claimants get away with committing a fraud. Further, an increased incidence of such claims affect the confidence of other customers in the insurer and in the capability of the industry to offer them efficient service, leading to loss of business. However, in the longer run such false claims actually imact the customers at large, as these lead to increased insurance costs borne by them. This is due to pooling of risks, as the protection costs increase with increasing incidence of frauds. A growing number of false claims also leads to stringent controls by the insurer, such as tighter underwriting processes, hiring of experts, investigating all claims above a certain level and investment in technology. These further add on to the costs and cause delays in issuing policies and settling claims. Also, genuine claims submitted may be seen suspiciously and analyzed closely.

In short, genuine customers and honest claimants suffer due to the impact of false claims apart from the insurer losing credibility.

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