JSH Reporter Summer 2015 - Page 30

DON MYLES’ T 0 0 P EN Top 10 ways to Commit bad faith AUTHOR: Donald L. Myles, Jr. EMAIL: dmyles@jshfirm.com BIO: jshfirm.com/donaldlmylesjr An article in the Bad Faith Reporter contained a list of 10 things insurance companies do to mess up their files. I’ve modified the list somewhat and present it to you in a Top Ten “Letterman” format with explanations. Although hopefully humorous, it is meant to be a reminder of conduct to avoid lest you be deposed on the file someday. 10. Forms The public loves them. Never mind that many of them have nothing to do with the claim at hand. If you have a form, ask that it be filled out, preferably twice. For the best results, send out all the forms one by one spaced 2-3 weeks apart. 9. Disparagement Never miss an opportunity to insult the insured or the insured’s lawyer with notes in the file. Brainstorming with co-workers at lunchtime and making entries later is the best way to come up with the funniest insults. 8. Inconsistency Life can sometimes be boring. Why miss the opportunity at work to treat similar claims or insureds differently? Make every effort to interpret coverages differently or value similar claims differently. If possible, enter incorrect figures into a computer program that evaluates claims and never waver from what the computer tells you. Computers are always right. 7. Alzheimer’s Why make an effort to write down important information in the claim file? Rely on your superior intellect and ability to re-create the file years later under the pressure of a deposition.