CCP Communication & Negotiation Skills in Claims Handling 3 — Questions and Answers
Question 1: When communicating with a claimant who has limited English proficiency, the adjuster's FIRST step should be to:
- Proceed in English since the policy was written in English
- Obtain a qualified interpreter to ensure accurate communication (Correct answer)
- Ask a bilingual coworker to translate informally
- Send all communications via certified mail and assume comprehension
Correct answer: Obtain a qualified interpreter to ensure accurate communication
Using a qualified interpreter ensures accurate information exchange, protects the claimant's rights, and reduces the insurer's legal exposure.
Question 2: The BATNA concept in claims negotiation stands for:
- Best Accepted Terms and Negotiated Amount
- Best Alternative to a Negotiated Agreement (Correct answer)
- Binding Arbitration Through Neutral Adjudication
- Basic Adjustment Technique for Numerical Analysis
Correct answer: Best Alternative to a Negotiated Agreement
BATNA — Best Alternative to a Negotiated Agreement — defines the course of action if negotiations fail, setting a rational walk-away point.
Question 3: An adjuster discovers during negotiation that a claimant's attorney is under time pressure due to a filing deadline. This information represents:
- Grounds to immediately reduce the settlement offer
- Privileged attorney-client information that must be ignored
- Negotiating leverage that can be used ethically to influence timing (Correct answer)
- A conflict of interest requiring claim reassignment
Correct answer: Negotiating leverage that can be used ethically to influence timing
Understanding an opposing party's time constraints is ethical negotiating intelligence that can be used to seek timely resolution.
Question 4: Which nonverbal communication signal most commonly indicates that a claimant is withholding information during an in-person recorded statement?
- Consistent eye contact and open body posture
- Leaning forward in the chair with arms unfolded
- Increased pausing, gaze aversion, and self-touching gestures (Correct answer)
- Speaking quickly and answering without hesitation
Correct answer: Increased pausing, gaze aversion, and self-touching gestures
Pausing, gaze aversion, and self-touching (e.g., touching the face or neck) are recognized nonverbal cues associated with discomfort or deception.
Question 5: A coverage dispute escalates, and both parties agree to binding arbitration. The adjuster's pre-arbitration communication strategy should include:
- Stopping all written communication to preserve legal privilege
- Preparing a clear written position statement supported by policy language and facts (Correct answer)
- Offering the claimant a quick cash settlement to avoid arbitration costs
- Delegating all communication to outside counsel without further involvement
Correct answer: Preparing a clear written position statement supported by policy language and facts
A documented position statement grounded in policy language and facts frames the insurer's argument clearly and consistently before the arbitrator.
Question 6: In a multi-party claims negotiation involving multiple claimants, the adjuster's priority communication challenge is:
- Negotiating each party separately without disclosing policy limits
- Coordinating consistent messaging while managing competing interests within a single policy limit (Correct answer)
- Encouraging claimants to form a joint negotiating group to reduce the adjuster's workload
- Delegating all negotiations to a single claimant's attorney
Correct answer: Coordinating consistent messaging while managing competing interests within a single policy limit
Multi-party claims require the adjuster to balance consistent communication and equitable treatment of competing interests within defined policy limits.
Question 7: When an adjuster uses the technique of 'strategic silence' in negotiation, it is intended to:
- Signal that the adjuster is ending the negotiation
- Create pressure on the other party to fill the silence with concessions or information (Correct answer)
- Indicate the adjuster lacks authority to make further offers
- Comply with legal prohibitions on verbal commitments
Correct answer: Create pressure on the other party to fill the silence with concessions or information
Strategic silence creates psychological discomfort that often prompts the other party to speak, reveal information, or soften their position.
When communicating with a claimant who has limited English proficiency, the adjuster's FIRST step should be to: