DON MYLES’
T
0
0
P
EN
Top 10 ways to
Commit bad faith
AUTHOR: Donald L. Myles, Jr. EMAIL: [email protected] BIO: jshfirm.com/donaldlmylesjr
An article in the Bad Faith Reporter contained a list of 10 things insurance companies do to mess up their files. I’ve modified the
list somewhat and present it to you in a Top Ten “Letterman” format with explanations. Although hopefully humorous, it is meant
to be a reminder of conduct to avoid lest you be deposed on the file someday.
10. Forms
The public loves them. Never mind that many of them have nothing to do with the claim at hand. If you
have a form, ask that it be filled out, preferably twice. For the best results, send out all the forms one by
one spaced 2-3 weeks apart.
9. Disparagement
Never miss an opportunity to insult the insured or the insured’s lawyer with notes in the file.
Brainstorming with co-workers at lunchtime and making entries later is the best way to come up with
the funniest insults.
8. Inconsistency
Life can sometimes be boring. Why miss the opportunity at work to treat similar claims or insureds
differently? Make every effort to interpret coverages differently or value similar claims differently. If
possible, enter incorrect figures into a computer program that evaluates claims and never waver from
what the computer tells you. Computers are always right.
7. Alzheimer’s
Why make an effort to write down important information in the claim file? Rely on your superior
intellect and ability to re-create the file years later under the pressure of a deposition.