subrogation

[Sylvia Whitney]

What is the name of your state? Illinois...

I'm handling a subrogation claim and have put the third party's
carrier on notice. Claimant hit our insured in rear so liability is
clear on claimant's part.

The third party carrier has responded to my subro. notice stating
they are making a "compromise" offer which is approximately $2,500 less than what we paid out on the claim which includes our insured's deductible. In the letter the third party carrier sent
extending this compromise offer, no explanation was provided as
to the basis of their offer. Third party carrier is not a member of Arbitration Forums.

I feel this is unethical and my question is, by offering less than what was paid out, isn't the third party carrier in violation of the Unfair Claims Settlement Practices Act?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Illinois...

I'm handling a subrogation claim and have put the third party's
carrier on notice. Claimant hit our insured in rear so liability is
clear on claimant's part.

The third party carrier has responded to my subro. notice stating
they are making a "compromise" offer which is approximately $2,500 less than what we paid out on the claim which includes our insured's deductible. In the letter the third party carrier sent
extending this compromise offer, no explanation was provided as
to the basis of their offer. Third party carrier is not a member of Arbitration Forums.

I feel this is unethical and my question is, by offering less than what was paid out, isn't the third party carrier in violation of the Unfair Claims Settlement Practices Act?

My response:

. . . and after you discussed this matter with your Claims Supervisor, he/she said what to you?

IAAL

 

[Sylvia Whitney]

Since the third party carrier isn't a member of Arbitration, the
supervisor will say to accept the amount offered which I will do.
However, since this carrier is notorious for "cutting" subrogation demands, my thought process was that if this practice was considered unethical under the Unfair Claims Settle Practices,
they probably pull this bluff and if no one questions them on it,
then they end up paying whatever they want but if some one
were to call their bluff and threaten them with a formal compaint
being filed with the Insurance Commission, they maybe they would end up offering to pay the full amount. What say you?

 

[I AM ALWAYS LIABLE]

Since the third party carrier isn't a member of Arbitration, the
supervisor will say to accept the amount offered which I will do.
However, since this carrier is notorious for "cutting" subrogation demands, my thought process was that if this practice was considered unethical under the Unfair Claims Settle Practices,
they probably pull this bluff and if no one questions them on it,
then they end up paying whatever they want but if some one
were to call their bluff and threaten them with a formal compaint
being filed with the Insurance Commission, they maybe they would end up offering to pay the full amount. What say you?

My response:

First, do your job - - because you're not. You have all the available resources at your command, right there, to get your answers.

Second, I didn't ask you to tell me what the supervisor "will say". Tell me what he/she DID SAY to you when you questioned him/her.

Third, your insurance company has in-house, or hired outside, defense counsel. After you speak to your Supervisor, call one of them and get an opinion. The attorneys are the ones who can help you to "call their bluff" by threatening them with a formal complaint to the Insurance Commission, and to take whatever other measures may be warranted.

So, to answer your final question, that's what I say.

IAAL

 

[Sylvia Whitney]

Talk about not doing your job! I needed either a "yes" or "no" answer to the initial questioned posed, not your "Judge Judy"
mentality!

 

[I AM ALWAYS LIABLE]

Talk about not doing your job! I needed either a "yes" or "no" answer to the initial questioned posed, not your "Judge Judy"
mentality!

My response:

You're either lying to me by alluding that you work for an insurance company, or you're sadly deficient in your knowledge concerning the law AND to use the resources at your disposal to answer your own questions.

Assuming, therefore, that you DO work for an insurance company, then if you were my employee, you would no longer be my employee.

Do your damn job!

IAAL

 

[Sylvia Whitney]

I was doing my job, I was trying to get an answer as to whether this action by the third party carrier was in violation of the ILLINOIS Unfair Claims Settlement Pratices.

We no longer have house counsel in Illinois and I simply wanted an answer to my question.

The next time someone asks, just remember, it's okay to say "you don't know", instead of trying to impress everyone with your scathing charm!

Don't bother sending a reply, it won't be read...consider me "unsubscribed"!

 

[I AM ALWAYS LIABLE]

I was doing my job, I was trying to get an answer as to whether this action by the third party carrier was in violation of the ILLINOIS Unfair Claims Settlement Pratices.

We no longer have house counsel in Illinois and I simply wanted an answer to my question.

The next time someone asks, just remember, it's okay to say "you don't know", instead of trying to impress everyone with your scathing charm!

Don't bother sending a reply, it won't be read...consider me "unsubscribed"!

My response:

I certainly hope that makes you feel better. But, if you're an insurance adjuster, then you either don't know how to do your job, or you're just too damn lazy to do your job.

As for counsel, then you really don't know what you're doing. If you're an insurance adjuster, then most assuredly, you have claims against your insureds - - and those, my dear, require defense counsel. At the very least, you have outside counsel at your disposal.

Oh, I know how to answer your question. That's not my point. I can research just as well as you can. And that, my dear, was my point - - to get YOU to do your own work, to ask YOUR supervisor, to ask YOUR defense counsel.

Don't ask others to do YOUR job. Use your resources - - one of which is your brain.

IAAL

 

[stephenk]

No way are you an insurance adjuster.

If a carrier makes an offer of compromise and you accept the offer, then obviously the offer is not in bad faith.

If you dont accept the offer and later win your subrogation lawsuit against the other carrier's insured for the full amount, then maybe you can argue the initial offer was in bad faith.

Have you spoken with the adjuster for the other carrier as to why they offered a lower amount? Have you heard their insured's version of the accident? Just because your own insured claims it was a simple rear end accident doesnt mean your insured is being truthful.

I often have adjusters for the carrier I work with call me for advice on matters that do not involve my cases. I find it hard to believe you cant call one of your in-house coverage attorneys or one of the outside firms you deal with to ask the question you are posting here. Have you asked your supervisor if your company has already researched this issue? There may be a memo in your office that has all the answers to your questions.

 

[I AM ALWAYS LIABLE]

My response:

Simply, Stephen, this "Sylvia Whitney" person is a liar. If she worked for an insurance company, she could have effectively received an answer to her question from her "supervisor". But, she made excuses by saying that she knew what her supposed supervisor "would" say. And, all she addressed was "not having inside counsel"; but she failed to address "outside" defense counsel. Also, her question is a simple matter, and one that could have easily been addressed by an insurance claims supervisor, or outside insurance defense counsel - - as you know.

I can't figure out who she is in this matter, but one thing is sure, she's not an adjuster. And besides, have you ever known an adjuster to "give up" on an issue or argument so easily by saying something like, "Don't bother sending a reply, it won't be read...consider me "unsubscribed"!"?


IAAL