NAIC Unfair Claims Settlement Practices Model Act (MDL-900) and Model Regulation (MDL-902)
Model Regulation section 7: standards for prompt, fair and equitable settlement applicable to all insurers – NAIC Unfair Claims Settlement Practices Model Act (MDL-900) and Model Regulation (MDL-902)

NAIC Unfair Claims Settlement Practices Model Act (MDL-900) and Model Regulation (MDL-902) mdl902-s7c-h-no-shifting-sol-notice-payment-30-days: Do not shift payment to others, warn unrepresented claimants of limitation periods, do not pressure third parties with release deadlines, pay undisputed amounts within thirty days, no polygraphs without authority, and tell rejected claimants about the department

What does mdl902-s7c-h-no-shifting-sol-notice-payment-30-days require?

Insurers may not hold back first party settlements on the ground that someone else should pay, except as the policy provides. Negotiations with a claimant who has no lawyer may not continue where a statute of limitations may affect the claimant's rights unless the insurer has given written notice of the limitation, at least thirty days before expiry for first party and sixty days for third party claimants. Insurers may not tell a third party claimant that rights may be impaired unless a form or release is completed within a given time, other than a genuine limitation notice. Liability must be affirmed or denied within a reasonable time and payment tendered within thirty days of affirming liability where the amount is determined and undisputed; with multiple coverages, undisputed payments to a known payee should be tendered within thirty days where paying would close out what the insurer knows it owes under that coverage. No insured may be required to take a polygraph unless the contract and State law authorise it, and when a claimant objects to a rejection the insurer must notify them in writing that the matter may be reviewed by the State insurance department, with its address and telephone number.

Maintained by Gerard Blokdyk

Other controls in Model Regulation section 7: standards for prompt, fair and equitable settlement applicable to all insurers – NAIC Unfair Claims Settlement Practices Model Act (MDL-900) and Model Regulation (MDL-902)

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