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Introduction
When scoping a claim, an adjuster is required to build a record of the claim adjustment. This information captured by the adjuster is known as file documentation. The heart of file documentation is the adjuster’s file notes (or adjuster activity notes). They include notes of discussions, observations, and agreements preserved for reference. Because adjuster’s file notes are records of activities from one person’s perspective, they do not necessarily prove certain facts associated with the claim, and are not usually shared with individuals outside the insurance company. Additionally, the private nature of adjuster activity notes can also be used to the disadvantage of the insurer by plaintiff counsel. Careless remarks entered into activity notes by adjusters can be used as evidence to support the assertion that the adjuster did not act in good faith throughout the loss adjustment process. Since adjuster notes are written in privity, one can argue that the adjuster is providing an accurate accounting of his or her intent even though otherwise undocumented activities or conversations may not be accepted as fact. |
