The essential goal of the claims department is to dispose fairly of all claims made against the company and its insureds. Claims adjusters may dispose of claims either by payment, compromise, or denial. Generally speaking, claims professionals attempt to settle claims promptly when coverage has been confirmed, liability against their insured is clear or probable, and the claimant’s damages are verifiable. Consequently, adjusters need to understand the laws that affect claim handling so that they can make the correct decisions concerning liability and damages and can perform their duties properly and effectively.

This course offers a comprehensive study of the concepts and issues that must be understood and resolved before legal liability can be properly determined. The course distinguishes between common law and statutory law as well as criminal and civil law and explains how these laws affect claim handling. Examples of auto accidents and premises liability claims illustrate how these principles are applied in various claim situations. Also covered are the defenses that the insured or defendant in a claim has that may bar or limit the plaintiff’s recovery. 

Upon completion of this course, students will be able to:

• explain how individuals can become legally liable or legally responsible
• distinguish between common law and statutory law
• distinguish between criminal and civil law and understand the restitution required by each
• understand and explain the meaning of tort law, and identify the three kinds of torts
• discuss legal liability imposed by contract and statute as opposed to that imposed by negligence
• explain the various defenses available to insureds that will bar or limit a claimant's recovery