An Excellence in Claims Handling publication from Barry Zalma for subscribers to the Excellence in Claims Handling publication for subscribers only.
You can subscribe at https://https://barryzalma.substack.com/subscribe
Liability policies generally contain language promising “to defend any suit against the insured.”
The policies will generally distinguish between a claim and a suit by compelling the insured to give notice of claims as well as suits. Courts usually recognize that there is a difference. A claim can be made without a suit being filed.
A mere statement by a claimant to an insured that he or she was injured as a result of the negligence of the insured is sufficient to give notice of a claim. A “suit,” on the other hand, usually requires the filing of allegations in a court of competent jurisdiction responding to the allegations made in the suit.
Most insurance policies require that the insured promptly or “as soon as possible” report a claim to the insurer even if there is no suit. By so requiring the insurer has the ability to investigate and try to resolve claims before expensive litigation begins.