NAIC Unfair Claims Settlement Practices Model Act (MDL-900) and Model Regulation (MDL-902)
Model Regulation section 8: automobile insurance total loss, repair, subrogation, storage and crash parts – 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-s8b-d-third-party-travel-subrogation: Do not steer third party claimants to their own policies, do not require unreasonable travel, and share subrogation recoveries including the deductible proportionately

What does mdl902-s8b-d-third-party-travel-subrogation require?

Once liability and damages are reasonably clear the insurer may not recommend that a third party claimant claim under their own policy just to avoid paying. A claimant may not be required to travel an unreasonable distance to inspect a replacement vehicle, obtain a repair estimate or have repairs done at a specified shop. On request the insurer must add the first party claimant's deductible to its subrogation demand, share recoveries proportionately unless the deductible was otherwise recovered, and deduct expenses from the deductible recovery only where outside counsel was retained, and then only a pro rata share of allocated loss adjustment expense.

Maintained by Gerard Blokdyk

Other controls in Model Regulation section 8: automobile insurance total loss, repair, subrogation, storage and crash parts – NAIC Unfair Claims Settlement Practices Model Act (MDL-900) and Model Regulation (MDL-902)

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