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Storm clouds don’t just darken the sky, they raise the duty of care. We dig into how snow, ice, fog, and heavy rain change what “reasonable” looks like behind the wheel and at the claim desk. From multi-car pileups to slow-speed parking lot crashes, we break down how to evaluate negligence when the surface and sight lines won’t play fair, why “I was going the speed limit” can still be careless, and how to separate traffic citations from true liability.

We trade real-world scenarios that every adjuster recognizes: black ice that looks like a harmless wet patch, diesel spills that turn intersections into turntables, and the moment a vehicle leaves the road and plows into a storefront or home. You’ll learn when property owners should use their own policies and subrogate, how ACV versus RCV plays out in third-party claims, and why clear early communication about pollution exclusions and sublimits matters when cleanup crews start excavating. We also cover parking lot exposures, pedestrian duties, and the impact of salt shortages on the reasonableness of maintenance efforts during active storms.

To help you work cleaner, faster, and fairer files, we share a five-point winter claims checklist: certified hourly weather data, visibility and lighting details, road maintenance timing and logs, vehicle damage pattern analysis, and statement consistency with physics. The takeaways are simple and powerful, conditions matter more than posted limits, tickets inform but don’t decide, and winter raises the duty to anticipate. Subscribe for more practical tools and share this episode with a colleague who could use a sharper winter playbook. What’s your toughest cold-weather claim challenge?

For more insights, you might consider a career in liability adjusting or if you're searching for reliable adjusting services, visit Auten Claims Management.

To explore more about Chantal Roberts and her contributions to the industry, visit CMR Consulting.

Promotions:

• Once Upon a Claim: Explore the magical world of claims adjusting through fairy tales. Get your copy now.
• The Art of Adjusting®: Master the art of claims adjusting with practical insights and expert advice. Purchase here.

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A slick floor, a hard fall, and suddenly everyone asks the same question: who pays? We open the claims toolbox and walk through slip and fall cases step by step, showing how quick evidence work, clear liability analysis, and smart communication shape the outcome. From icy sidewalks to grocery spills, we explain the differences that matter and the proof that sticks.

First, we dig into scene preservation and notice. You’ll hear why photos and security video are gold, how floor-walk logs can narrow exposure, and when a “storm in progress” protects property owners. We put the ABCD test—duty, breach, causation, damages—at the center, then layer in comparative fault, footwear choices, and the reality that invitees share responsibility to keep a lookout. A buffet ice cream case illustrates how seconds of video can flip a claim from alleged negligence to med-pay only.

Next, we map contribution and contracts. Snow removal agreements decide who shares blame, so we break down “we handle everything” promises versus narrow scopes, and why early outreach to other carriers saves everyone time. We also show how to keep your insured looped in with offers, demands, and potential excess exposure to guard against bad faith narratives.

Finally, we tackle the part that derails many settlements: Medicare, Medicaid, and ERISA. Learn why CMS reporting is mandatory, what conditional payments mean, and how to explain tentative versus final amounts without losing trust. We close with valuation strategy, practical negotiation moves, and the litigation arc—from summons to discovery, mediation, and full and final releases, including consortium and minor approvals.

If you want clearer claims, faster resolutions, and fewer surprises, this deep dive will sharpen your process and your judgment. Subscribe, share with a colleague, and leave a review to help others find the show. What’s your toughest slip and fall challenge right now?

For more insights, you might consider a career in liability adjusting or if you're searching for reliable adjusting services, visit Auten Claims Management.

To explore more about Chantal Roberts and her contributions to the industry, visit CMR Consulting.

Promotions:

• Once Upon a Claim: Explore the magical world of claims adjusting through fairy tales. Get your copy now.
• The Art of Adjusting®: Master the art of claims adjusting with practical insights and expert advice. Purchase here.

Send us a text

Want a practical blueprint to avoid bad faith and close cleaner files? We dig into the real-world habits that separate defensible claims work from patterns that draw regulator heat and lawsuits. Starting with a crisp definition—negligence is a mistake; bad faith is a repeated choice—we map how state rules, NAIC Model Acts, and administrative codes shape your everyday decisions on property, auto, liability, and workers’ compensation files.

We share the seven claims handling standards that keep you on track: prompt preliminary handling, documented procedures and training, tailored investigations, plain-English communication, visible momentum, rigorous analysis, and clear decisions. You’ll hear why Model Act 902 matters for property and casualty, how anti‑steering rules interact with preferred vendors and OEM parts, and where agents and underwriters can trip administrative rules that later fuel bad faith allegations. We compare states that adopt NAIC models with outliers like Oklahoma, where statute and DOI codes demand files be detailed enough to reconstruct events and reasoning—not just pasted emails, but the policy citations and logic behind each move.

Expect hard-nosed guidance on management oversight that actually shows up in the file, not retroactive notes. We talk through coverage-versus-liability conversations in simple terms, when to pick up the phone before you send a formal letter, and how to use AI cautiously for routine updates without outsourcing judgment. When a scope dispute pops up—say, painting versus hand staining—we show how to tie decisions to policy language and reasonableness, and when to bring in subject matter experts early to avoid guessing. The bottom line: you have the right to be wrong, but only if your documentation proves you acted honestly, timely, and based on sound information.

If you’re an adjuster, manager, agent, or claims leader, this is a clear, usable playbook for unfair claims settlement practices, anti‑steering compliance, documentation standards, and training culture that stands up in court. Subscribe, share with your team, and leave a review with the one habit you’ll change in your next file.

For more insights, you might consider a career in liability adjusting or if you're searching for reliable adjusting services, visit Auten Claims Management.

To explore more about Chantal Roberts and her contributions to the industry, visit CMR Consulting.

Promotions:

• Once Upon a Claim: Explore the magical world of claims adjusting through fairy tales. Get your copy now.
• The Art of Adjusting®: Master the art of claims adjusting with practical insights and expert advice. Purchase here.