Welcome to Part 2 of our Insurance Litigation & Dispute Resolution Partner J.P. Harrington Bisceglia’s Q&A answering questions on how businesses and insurers can make filing a claim easier for everyone. If you missed Part 1, which covered understanding the claims process and ensuring you have everything you need, click here to catch up!

Q4: How should a business communicate with its carrier during an active claim?

Treat the adjuster as a professional doing a job, not an obstacle. Provide what’s requested promptly, ask clarifying questions when instructions are unclear, and document your communications in writing.

A few practical guidelines:

1.  Respond to requests within the timeframe specified. Delays compound; an unanswered request often triggers a follow-up cycle that adds weeks.
2. Be precise about what you’re submitting. A cover letter or email that itemizes attachments saves adjusters from hunting through files and ensures nothing is overlooked.
3. Ask about next steps. If you don’t understand what happens after you submit something, ask. Adjusters generally prefer informed policyholders to confused ones.

Q5: What carriers should keep in mind when communicating with policyholders?

Most business owners rarely file claims. And what feels routine to an adjuster may be opaque or stressful to someone navigating the process for the first time. So…

• Explain the “why” behind requests. A policyholder who understands that depreciation schedules affect valuation will respond more accurately than one who’s simply told to “provide depreciation information.”
• Set realistic timelines—and update them when things change. Silence breeds frustration. Even a brief message acknowledging a delay preserves goodwill.
• Avoid jargon or legalistic language when plain English works. Reserve-to-policy-limit ratios matter internally; they rarely need to appear in correspondence with the insured.

CLAIM RESOLUTION & PAYMENT

Q6: What are the key steps to completing a claim?

Once all documentation is provided, both the carrier and the insured should engage in regular follow-up to ensure the information is being processed. Once the claim has been fully evaluated, the existence of and an amount of coverage is determined.

If there is a dispute as to the amount of the payment, or availability of coverage, clear communication is key.

For payment disputes:

• Clarify the avenues for handling?
• Does the policy call for appraisal or arbitration?
• How are those processes initiated?

Understanding these options, outlined in the policy language, early in the claim process helps both sides know when to engage in them and to make sure they are utilized quickly if a dispute arises.

For coverage disputes:

• The carrier should provide a clear explanation, in writing, of the provisions upon which it is relying to determine any limitations of coverage.
•  The insured should review these carefully and ask questions.

Litigation is an option for both sides if a dispute cannot be resolved through alternative means.

Bottom line?
Insurance claims are often described as scary and frustrating. When carriers and insureds have the right tools and roadmap, everyone can get to the final destination – claim resolution and closing the file.

If you have questions about resolving insurance claims for your organization, contact J.P. directly at jharrington@cm.law.

Please note: The information provided in this Q&A is for general informational purposes only and should not be construed as legal advice on any subject matter. No recipient of content from this segment, client or otherwise, should act or refrain from acting based on any content included in the segment without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this segment contains general information and may not reflect current legal developments or address your situation. We disclaim all liability for actions you take or fail to take based on any content in this segment.

About CM Law

CM Law (cm.law) – formerly Culhane Meadows – is the largest national, full-service, women-owned & managed (WBE) law firm in the United States. Designed to provide experienced attorneys with an optimal way to practice sophisticated law while maintaining a superior work/life balance, the firm offers fully remote work options, a transparent, merit and math-based compensation structure, and a collaborative culture. Serving a diverse clientele—from individuals and small businesses to over 40 Fortune-ranked companies—CM Law is committed to delivering exceptional legal services across a broad spectrum of industries.

The foregoing content is for informational purposes only and should not be relied upon as legal advice. Federal, state, and local laws can change rapidly and, therefore, this content may become obsolete or outdated. Please consult with an attorney of your choice to ensure you obtain the most current and accurate counsel about your particular situation.