Item D makes it an unfair practice to fail to try, in good faith, to reach a prompt, fair and equitable settlement once liability is reasonably clear. Item E targets driving insureds or beneficiaries into litigation by offering much less than the sums they later recover in court. Reserving, authority limits and settlement evaluation records are where the good-faith effort is shown, and litigation outcome analysis against pre-suit offers is where the item E risk is measured.
The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.