What is the name of your state? CA
Sometime in 9/04, my niece faxed a letter to her insurance carrier, telling them she is authorizing me to handle her UMBI claim for an accident in 7/03), including settlement. She had made a policy limit demand of $30k, in 12/03 but no offer was made to her. I called the adjuster in 9/04 and reiterated the pol limit demand. The adjuster mails a letter on 10-20-04, to my niece's home but it is addressed to me. In the letter he offers $3k to settle the UMBI claim, so I call the adjuster and reiterate the $30k demand.
Between 10/04 and 6/05, my niece received 4-5 letters(all these letters however are addressed to me)wherein, the carrier reiterate their $3k offer. I would call the adjuster periodically to tell him the demand still stands at $30k.
A new adjuster(Sr. Claims Specialist) is assigned to the claim in 6/2005. He calls me and after I allege bad faith on his company's part, pursuant to the Unfair Claims Practices guidelines set by the CA State Dept of Insurance, he promises to re-evaluate the claim.
During the 1st week of July 2005, my niece calls me at my office and when told I will be out for a few weeks, calls the adjuster for a status of her claim. The adjuster then begins to discuss the case with my niece and offers her $6k. My niece rejects the offer because her meds and lost wages were $8k and 15k respectively. The adjuster asks her what would she settle for and my niece tells the adjuster, she may consider $13k. Two days later the adjuster calls my niece and offers her $13k, on the condition she must 1st sign a release. My niece asks the adjuster to mail her the release form and that is where the case stands.
She has not received nor signed any release form but expects to receive it by the end of this week(7-9-05). I only came to know of this settlement offer of $13k today. As an experienced claims adjuster, I honestly believe the claim is worth policy limits. Lost wages has been confirmed by my niece's employer, Northwest Airlines.
My question is;
1. Do we have a settlement agreement which can be enforceable by law, even though no release has been signed by my niece.
.
2. Did the adjuster err in discussing the case directly with my niece, knowing well, I was the designated person she authorized to handle her claim? He wouldn't have dared call an attorney if one was representing my niece. Is it because I am not a lawyer, that he discussed settlement in my absence?
.
3. Is the carrier in violation of sections 2956.2(c) and 2956.5(c) of the CALIFORNIA FAIR CLAIMS PRACTICES REGULATIONS.
Thank you all in advance for any advice you may offer in this matter.
Sometime in 9/04, my niece faxed a letter to her insurance carrier, telling them she is authorizing me to handle her UMBI claim for an accident in 7/03), including settlement. She had made a policy limit demand of $30k, in 12/03 but no offer was made to her. I called the adjuster in 9/04 and reiterated the pol limit demand. The adjuster mails a letter on 10-20-04, to my niece's home but it is addressed to me. In the letter he offers $3k to settle the UMBI claim, so I call the adjuster and reiterate the $30k demand.
Between 10/04 and 6/05, my niece received 4-5 letters(all these letters however are addressed to me)wherein, the carrier reiterate their $3k offer. I would call the adjuster periodically to tell him the demand still stands at $30k.
A new adjuster(Sr. Claims Specialist) is assigned to the claim in 6/2005. He calls me and after I allege bad faith on his company's part, pursuant to the Unfair Claims Practices guidelines set by the CA State Dept of Insurance, he promises to re-evaluate the claim.
During the 1st week of July 2005, my niece calls me at my office and when told I will be out for a few weeks, calls the adjuster for a status of her claim. The adjuster then begins to discuss the case with my niece and offers her $6k. My niece rejects the offer because her meds and lost wages were $8k and 15k respectively. The adjuster asks her what would she settle for and my niece tells the adjuster, she may consider $13k. Two days later the adjuster calls my niece and offers her $13k, on the condition she must 1st sign a release. My niece asks the adjuster to mail her the release form and that is where the case stands.
She has not received nor signed any release form but expects to receive it by the end of this week(7-9-05). I only came to know of this settlement offer of $13k today. As an experienced claims adjuster, I honestly believe the claim is worth policy limits. Lost wages has been confirmed by my niece's employer, Northwest Airlines.
My question is;
1. Do we have a settlement agreement which can be enforceable by law, even though no release has been signed by my niece.
.
2. Did the adjuster err in discussing the case directly with my niece, knowing well, I was the designated person she authorized to handle her claim? He wouldn't have dared call an attorney if one was representing my niece. Is it because I am not a lawyer, that he discussed settlement in my absence?
.
3. Is the carrier in violation of sections 2956.2(c) and 2956.5(c) of the CALIFORNIA FAIR CLAIMS PRACTICES REGULATIONS.
Thank you all in advance for any advice you may offer in this matter.