In this two-part Q&A, our Insurance Litigation & Dispute Resolution Partner J.P. Harrington Bisceglia answers questions on how businesses and insurers can make filing a claim easier for everyone.
Q1: What makes a claim go smoothly for everyone involved?
Clear communication and documentation from the outset. When a loss occurs, policyholders who provide detailed incident reports, photographs, and supporting records give adjusters the raw material they need to evaluate claims efficiently. Carriers who set transparent expectations about timelines, required documentation, and coverage parameters reduce confusion and follow-up cycles.
The common thread: Neither party benefits from ambiguity. A well-documented claim moves faster, costs less to administer, and produces outcomes both sides can understand—even when they disagree.
Q2: What are the most common reasons claims stall or get contentious?
Three patterns account for most friction:
- Documentation gaps. Missing invoices, incomplete incident descriptions, or unsupported damage estimates force adjusters to request additional information, extending timelines and frustrating policyholders who assumed their submission was complete.
- Coverage misunderstandings. Disputes often arise when the insured believes a loss is covered and the carrier determines it falls outside policy terms. This is rarely bad faith on either side—policies are dense documents, and the specifics of endorsements, sub-limits, and exclusions are easy to overlook until a claim tests them.
- Valuation disagreements. Even when coverage is clear, the parties may differ on the dollar amount. Replacement cost versus actual cash value, scope of repairs, business interruption calculations—these are areas where reasonable people can reach different conclusions.
Q3: What documentation should businesses maintain before a loss even occurs?
The strongest claim file is built before anything goes wrong:
- Asset inventories with purchase dates, values, serial numbers, and photographs
- Contracts and lease agreements that may affect liability or recovery rights
- Financial records sufficient to demonstrate normal operations (critical for business interruption claims)
- Policy documents including all endorsements, with a clear internal understanding of what’s covered and what isn’t
Carriers can help here too. Offering policyholders guidance on pre-loss documentation—or even simple templates—reduces claim complexity later and signals partnership rather than adversarial positioning.
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.
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