Maryland Claims Adjuster Insurance Exam

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Here are 14 in-depth Q&A study notes to help you prepare for the exam.

Explain the concept of “bad faith” in the context of Maryland insurance claims adjusting, detailing specific actions that could constitute bad faith and the potential legal ramifications for an insurer found to be acting in bad faith. Reference relevant Maryland statutes and case law.

“Bad faith” in Maryland insurance claims adjusting refers to an insurer’s intentional or reckless failure to fulfill its contractual obligations to the insured. This can manifest in several ways, including unreasonable denial of a claim, inadequate investigation, or undue delay in processing a claim. Maryland Code, Insurance, § 27-1001 outlines unfair claim settlement practices, which can be indicative of bad faith. Specifically, failing to acknowledge and act promptly upon communications, failing to adopt and implement reasonable standards for prompt investigation, and not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear are all potential indicators. Furthermore, Maryland case law, such as Johnson v. Federal Kemper Ins. Co., establishes the right of an insured to sue an insurer for bad faith refusal to settle a third-party claim within policy limits. If an insurer is found to have acted in bad faith, they may be liable for compensatory damages, including the amount of the judgment exceeding the policy limits, as well as potential punitive damages in egregious cases. The burden of proof lies with the insured to demonstrate the insurer’s bad faith conduct.

Describe the process of subrogation in Maryland insurance claims. What are the rights and responsibilities of the insurer and the insured during subrogation, and how does the “made whole” doctrine apply in Maryland?

Subrogation is the legal process by which an insurer, after paying a claim to its insured, acquires the insured’s rights to recover damages from a third party responsible for the loss. In Maryland, the insurer essentially “steps into the shoes” of the insured to pursue a claim against the at-fault party. The insurer has the right to pursue legal action or negotiate a settlement with the third party to recover the amount it paid to the insured. The insured has a responsibility to cooperate with the insurer in the subrogation process, providing information and assistance as needed. However, Maryland adheres to the “made whole” doctrine, which dictates that the insured must be fully compensated for their losses before the insurer can recover any subrogation funds. This means that the insured must be reimbursed for all damages, including deductibles, uncovered losses, and pain and suffering, before the insurer can claim reimbursement for the payments it made. The application of the “made whole” doctrine can be complex and often requires careful analysis of the specific facts of the case.

Explain the concept of “diminution of value” in Maryland auto insurance claims. Under what circumstances is an insured entitled to recover diminution of value, and how is this loss typically calculated?

Diminution of value (DOV) refers to the reduction in a vehicle’s market value after it has been damaged and repaired, even if the repairs are performed to a high standard. The rationale is that a vehicle with a history of damage is inherently worth less than a comparable vehicle with no such history. In Maryland, an insured may be entitled to recover DOV in certain circumstances, primarily when the damage was caused by a third party’s negligence. The right to recover DOV typically arises under the third party’s liability coverage, not the insured’s own collision coverage. Calculating DOV can be challenging and often involves expert appraisal. Common methods include comparing the pre-accident value of the vehicle to its post-repair value, considering factors such as the severity of the damage, the quality of the repairs, and the vehicle’s make and model. While Maryland law recognizes the concept of DOV, proving the amount of loss can be difficult and may require the testimony of a qualified appraiser. There is no specific Maryland statute mandating DOV payments, but case law supports the right to recover such damages when proven.

Discuss the Maryland Insurance Administration’s (MIA) role in regulating claims adjusters and handling consumer complaints. What are the potential consequences for a claims adjuster who violates MIA regulations?

The Maryland Insurance Administration (MIA) is the state agency responsible for regulating the insurance industry in Maryland, including claims adjusters. The MIA’s role encompasses licensing, overseeing conduct, and enforcing regulations to protect consumers. The MIA investigates consumer complaints against insurance companies and adjusters, ensuring compliance with Maryland insurance laws and regulations. A claims adjuster who violates MIA regulations faces various potential consequences, ranging from administrative penalties to license suspension or revocation. Maryland Code, Insurance, outlines the MIA’s authority to impose penalties for violations. These penalties can include fines, cease and desist orders, and disciplinary actions against the adjuster’s license. The severity of the penalty depends on the nature and frequency of the violation. For example, engaging in unfair claim settlement practices, misrepresenting policy provisions, or failing to act in good faith could result in significant penalties. The MIA also provides a process for consumers to file complaints and seek redress for grievances against insurance companies and adjusters.

Explain the concept of “concurrent causation” in the context of Maryland property insurance claims. How do Maryland courts typically handle situations where a loss is caused by multiple factors, some of which are covered by the policy and some of which are excluded?

Concurrent causation arises when a loss is caused by two or more independent factors that operate concurrently, with one or more being a covered peril and one or more being an excluded peril under the insurance policy. Maryland courts generally follow the “efficient proximate cause” rule in concurrent causation cases. This rule states that if a covered peril sets in motion a chain of events that ultimately leads to a loss, the loss is covered, even if an excluded peril contributes to the loss along the way. However, if the excluded peril is the “efficient proximate cause” of the loss, meaning it is the predominant cause that sets the other causes in motion, then the loss is not covered, even if a covered peril contributes to the loss. Determining the efficient proximate cause is a fact-specific inquiry that depends on the specific circumstances of the loss and the language of the insurance policy. Maryland courts analyze the causal relationship between the various factors to determine which one was the primary or dominant cause of the loss. The burden of proof typically rests with the insured to demonstrate that a covered peril was the efficient proximate cause.

Describe the Maryland requirements for continuing education for licensed claims adjusters. What subjects are typically required, and what are the consequences of failing to meet these requirements?

Maryland requires licensed claims adjusters to complete continuing education (CE) courses to maintain their licenses. The specific requirements are outlined in Maryland regulations and are subject to change, so it’s crucial to consult the most current guidelines from the Maryland Insurance Administration (MIA). Generally, adjusters must complete a certain number of CE credit hours within a specified period, typically a two-year license renewal cycle. The required subjects often include ethics, insurance law updates, and specific topics related to the lines of insurance the adjuster is licensed to handle (e.g., property, casualty, workers’ compensation). Some courses may be mandated by the MIA to address specific industry trends or regulatory changes. Failure to meet the CE requirements can result in penalties, including fines, suspension of the adjuster’s license, or even revocation. Adjusters are responsible for tracking their CE credits and ensuring they are reported to the MIA by the renewal deadline. The MIA provides resources and approved course providers to assist adjusters in meeting their CE obligations.

Explain the process for handling workers’ compensation claims in Maryland, focusing on the role of the claims adjuster in investigating the claim, determining compensability, and managing medical and indemnity benefits. Reference relevant provisions of the Maryland Workers’ Compensation Act.

Handling workers’ compensation claims in Maryland involves a specific process governed by the Maryland Workers’ Compensation Act (Labor and Employment Article, Title 9). The claims adjuster plays a crucial role throughout this process. Initially, the adjuster investigates the claim to determine whether the injury or illness arose out of and in the course of employment. This involves gathering information from the employee, employer, witnesses, and medical providers. The adjuster then assesses compensability, considering factors such as the nature of the injury, the employee’s job duties, and any pre-existing conditions. If the claim is deemed compensable, the adjuster manages medical benefits, ensuring the employee receives necessary and reasonable medical treatment. They also manage indemnity benefits, which include payments for lost wages due to temporary or permanent disability. The adjuster must adhere to the Act’s provisions regarding payment schedules, benefit amounts, and dispute resolution procedures. The Maryland Workers’ Compensation Commission oversees the system and resolves disputes between employees, employers, and insurers. The adjuster must maintain accurate records and comply with reporting requirements to the Commission.

Explain the concept of “bad faith” in the context of Maryland insurance claims adjusting, detailing specific actions that could constitute bad faith and the potential legal ramifications for an insurer found to be acting in bad faith. Reference relevant sections of the Maryland Insurance Code.

“Bad faith” in Maryland insurance claims adjusting refers to an insurer’s intentional or reckless failure to fulfill its contractual obligations to the insured. This goes beyond simple negligence and involves a conscious disregard for the insured’s rights. Examples of bad faith include: unreasonably delaying or denying a claim without proper investigation, misrepresenting policy provisions to avoid coverage, failing to promptly settle a claim where liability is reasonably clear, and compelling the insured to initiate litigation to recover amounts due under the policy. Maryland law, specifically the Maryland Insurance Code, prohibits unfair claim settlement practices, which can form the basis of a bad faith claim. Section 27-303 outlines specific acts that constitute unfair claim settlement practices, such as failing to acknowledge and act promptly upon communications regarding claims, failing to adopt and implement reasonable standards for the prompt investigation of claims, and not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear. If an insurer is found to have acted in bad faith, they may be liable for compensatory damages, including the amount of the unpaid claim, consequential damages (economic losses resulting from the breach), and in some cases, punitive damages if the insurer’s conduct was particularly egregious. The insured may also be able to recover attorney’s fees and costs associated with pursuing the bad faith claim.

Describe the process for handling a claim involving subrogation in Maryland. What are the adjuster’s responsibilities in protecting the insurer’s subrogation rights, and what legal principles govern the subrogation process?

Subrogation in Maryland allows an insurer who has paid a claim to step into the shoes of the insured and pursue recovery from a third party who caused the loss. The adjuster’s responsibilities are crucial in preserving these rights. The process begins with identifying potential third-party liability during the initial claim investigation. This involves gathering evidence, such as police reports, witness statements, and expert opinions, to determine who was at fault for the loss. The adjuster must provide timely notice to the potentially liable third party and their insurer of the insurer’s subrogation interest. This notice should include details of the loss, the amount paid to the insured, and a demand for reimbursement. The adjuster must also avoid taking any actions that could prejudice the insurer’s subrogation rights, such as releasing the third party from liability without the insurer’s consent. Legal principles governing subrogation in Maryland include the “made whole” doctrine, which generally requires the insured to be fully compensated for their loss before the insurer can recover through subrogation. There are exceptions and nuances to this rule, and the specific policy language can also affect subrogation rights. The adjuster must be familiar with these principles and consult with legal counsel when necessary to ensure the insurer’s subrogation rights are properly protected. Failure to adequately protect subrogation rights can result in the insurer losing the opportunity to recover its payments.

Explain the concept of “diminution in value” in Maryland auto insurance claims. Under what circumstances is an insured entitled to recover for diminution in value, and how is this loss typically calculated?

Diminution in value (DIV), also known as diminished value, refers to the loss in market value of a vehicle after it has been repaired following an accident, even if the repairs are performed to a high standard. The rationale is that a vehicle with a history of damage, even if repaired, is generally worth less than a comparable vehicle with no accident history. In Maryland, an insured may be entitled to recover for diminution in value under certain circumstances, typically when the insured’s vehicle has been damaged due to the negligence of a third party. The right to recover DIV often depends on the specific language of the insurance policy and the applicable case law. Calculating diminution in value is not an exact science and often involves expert appraisal. Common methods include: 1. **The 17c Formula:** This formula, derived from a Georgia court case, is sometimes used as a starting point, although its applicability in Maryland may vary. 2. **Expert Appraisal:** A qualified appraiser will assess the vehicle’s pre-accident value, the quality of the repairs, and the stigma associated with the accident history to determine the post-repair value. The difference between the pre-accident value and the post-repair value represents the diminution in value. 3. **Comparable Sales:** Comparing the sale prices of similar vehicles with and without accident histories can provide an indication of the diminution in value. The burden of proving diminution in value typically rests with the claimant. They must provide sufficient evidence, such as expert appraisals, to support their claim.

Discuss the Maryland regulations concerning the handling of uninsured motorist (UM) and underinsured motorist (UIM) claims. What are the key differences between UM and UIM coverage, and what steps must an adjuster take to properly investigate and resolve these types of claims?

Maryland law mandates that all auto insurance policies include uninsured motorist (UM) coverage, and policyholders have the option to purchase underinsured motorist (UIM) coverage. UM coverage protects insureds who are injured by a negligent driver who has no insurance. UIM coverage protects insureds who are injured by a negligent driver who has insurance, but the at-fault driver’s policy limits are insufficient to fully compensate the insured for their damages. Key differences: UM applies when the at-fault driver is uninsured; UIM applies when the at-fault driver is underinsured. UIM coverage is triggered when the insured’s damages exceed the at-fault driver’s liability limits. Adjusters handling UM/UIM claims must: 1. **Verify Coverage:** Confirm that the insured has UM/UIM coverage and that the policy is in effect at the time of the accident. 2. **Investigate Liability:** Determine whether the uninsured/underinsured driver was at fault for the accident. This involves gathering evidence such as police reports, witness statements, and accident reconstruction reports. 3. **Assess Damages:** Evaluate the insured’s damages, including medical expenses, lost wages, pain and suffering, and property damage. 4. **Negotiate Settlement:** Attempt to negotiate a fair settlement with the insured. 5. **Arbitration/Litigation:** If a settlement cannot be reached, the claim may proceed to arbitration or litigation. Maryland law outlines specific procedures for UM/UIM arbitration. Maryland Code, Insurance Article, Title 19, Subtitle 5, addresses motor vehicle liability insurance – uninsured motorist coverage. This section details the requirements for UM/UIM coverage, including minimum coverage amounts and the procedures for resolving disputes.

Explain the Maryland Workers’ Compensation system, focusing on the adjuster’s role in investigating and managing claims. What are the key benefits provided under the system, and what are the common challenges adjusters face in determining eligibility and managing medical treatment?

The Maryland Workers’ Compensation system provides benefits to employees who suffer accidental injuries or occupational diseases arising out of and in the course of their employment. The adjuster plays a crucial role in investigating and managing these claims. Their responsibilities include: receiving and acknowledging the claim, investigating the circumstances of the injury or illness, determining eligibility for benefits, coordinating medical treatment, and managing the payment of benefits. Key benefits provided under the system include: medical benefits (payment for necessary medical treatment), temporary total disability benefits (wage replacement for time off work due to the injury), permanent partial disability benefits (compensation for permanent impairment), permanent total disability benefits (long-term wage replacement), and death benefits (paid to dependents of employees who die as a result of a work-related injury or illness). Common challenges adjusters face include: determining whether the injury or illness is work-related, assessing the extent of the disability, managing medical treatment to ensure it is reasonable and necessary, and resolving disputes over eligibility or the amount of benefits. Adjusters must be familiar with the Maryland Workers’ Compensation Act and relevant case law to properly handle these claims. They often work with medical professionals, vocational rehabilitation specialists, and attorneys to gather information and make informed decisions.

Describe the Maryland Insurance Administration’s (MIA) role in regulating claims adjusters and insurance companies. What are the potential consequences for adjusters or insurers who violate MIA regulations, and how does the MIA handle consumer complaints related to claims handling?

The Maryland Insurance Administration (MIA) is the state agency responsible for regulating the insurance industry in Maryland, including claims adjusters and insurance companies. The MIA’s role includes licensing and regulating insurance companies and adjusters, enforcing insurance laws and regulations, and protecting consumers. The MIA has the authority to investigate complaints against adjusters and insurers and to take disciplinary action for violations of insurance laws and regulations. Potential consequences for adjusters who violate MIA regulations include: suspension or revocation of their license, fines, and other penalties. Insurers who violate MIA regulations may face: fines, cease and desist orders, and other sanctions. The MIA handles consumer complaints related to claims handling by investigating the complaints and attempting to resolve them through mediation or other means. If the MIA finds that an adjuster or insurer has violated insurance laws or regulations, it may take disciplinary action. Consumers can file complaints with the MIA online or by mail. The MIA provides information and resources to help consumers understand their rights and responsibilities under Maryland insurance laws. The MIA’s website provides access to insurance laws, regulations, and consumer information.

Discuss the legal and ethical considerations surrounding the use of recorded statements in Maryland claims adjusting. What are the requirements for obtaining a valid recorded statement from a claimant or witness, and what limitations exist on the use of such statements in subsequent legal proceedings?

The use of recorded statements in Maryland claims adjusting is subject to both legal and ethical considerations. Legally, Maryland is a “one-party consent” state for recording conversations, meaning that only one party to the conversation needs to consent to the recording. However, ethically, it is best practice to inform the claimant or witness that the statement is being recorded, even if not legally required. Requirements for obtaining a valid recorded statement include: 1. **Informed Consent (Best Practice):** While not strictly required by law, obtaining informed consent ensures transparency and avoids potential ethical issues. 2. **Voluntariness:** The statement must be given freely and voluntarily, without coercion or duress. 3. **Competency:** The person giving the statement must be competent to understand the questions and provide accurate answers. 4. **Accurate Representation:** The adjuster must accurately represent their role and the purpose of the recorded statement. Limitations on the use of recorded statements in legal proceedings: 1. **Admissibility:** The admissibility of a recorded statement in court depends on various factors, including whether it was obtained legally and ethically, and whether it is relevant to the issues in the case. 2. **Foundation:** A proper foundation must be laid before a recorded statement can be admitted into evidence. This includes establishing the authenticity of the recording and the identity of the speakers. 3. **Impeachment:** Recorded statements can be used to impeach a witness’s testimony if their prior statement is inconsistent with their current testimony. 4. **Maryland Rules of Evidence:** The Maryland Rules of Evidence govern the admissibility of evidence in court, including recorded statements. Adjusters should be familiar with these rules to ensure that recorded statements are obtained and used properly.

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