CCP Claims Settlement & Negotiation 1 — Questions and Answers
Question 1: What is the purpose of a general release in claims settlement?
- To finalize a settlement by having the claimant waive all future claims related to the incident (Correct answer)
- To release the claim file to the public
- To transfer the policy to a new insured
- To release the adjuster from their employment contract
Correct answer: To finalize a settlement by having the claimant waive all future claims related to the incident
A general release is a legal document signed by the claimant upon settlement, releasing the insurer and insured from any further liability related to the claim.
Question 2: What is the duty of good faith in claims handling?
- The insurer's obligation to handle claims fairly, promptly, and without unreasonable denial (Correct answer)
- The claimant's duty to accept any settlement offer
- The broker's duty to find the cheapest policy
- The obligation to settle every claim regardless of merit
Correct answer: The insurer's obligation to handle claims fairly, promptly, and without unreasonable denial
The duty of good faith requires insurers to investigate claims thoroughly, communicate honestly, pay valid claims promptly, and not unreasonably deny or delay legitimate claims.
Question 3: What constitutes bad faith claims handling?
- Unreasonable denial, delay, or undervaluation of a legitimate insurance claim (Correct answer)
- Paying a claim too quickly
- Investigating a claim thoroughly before paying
- Requesting documentation to support the claim
Correct answer: Unreasonable denial, delay, or undervaluation of a legitimate insurance claim
Bad faith occurs when an insurer unreasonably denies valid claims, delays payment, fails to investigate, lowballs settlements, or uses deceptive practices in claims handling.
Question 4: What factors should a claims professional consider when evaluating a bodily injury claim's value?
- Medical expenses, lost wages, pain and suffering, permanency, and liability assessment (Correct answer)
- Only the initial emergency room bill
- The claimant's annual income exclusively
- The age of the insurance policy
Correct answer: Medical expenses, lost wages, pain and suffering, permanency, and liability assessment
Evaluating a bodily injury claim requires considering all medical expenses, past and future lost wages, pain and suffering, permanency of injury, liability allocation, and any special damages.
Question 5: What is an advance payment in claims settlement?
- A partial payment made before final settlement to help the claimant with immediate expenses (Correct answer)
- A payment made before the policy period begins
- A premium payment for the next policy term
- A penalty payment for late claim filing
Correct answer: A partial payment made before final settlement to help the claimant with immediate expenses
An advance payment provides the claimant with partial funds before the final settlement is reached, typically for urgent medical expenses or emergency living costs.
Question 6: What is structured settlement and when is it appropriate?
- A settlement paid in periodic installments rather than a lump sum, often for serious long-term injuries (Correct answer)
- A settlement that structures the denial of a claim
- A payment plan for overdue insurance premiums
- A settlement that requires the claimant to pay back the insurer
Correct answer: A settlement paid in periodic installments rather than a lump sum, often for serious long-term injuries
A structured settlement provides periodic payments over time rather than a single lump sum, often used for serious injuries to ensure ongoing financial support and provide tax advantages.
What is the purpose of a general release in claims settlement?