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Every claims representative likely considers the insurer’s general duty of good faith and fair dealing when they receive notice of a new claim, or at least they should. But what is “fair” when it comes to handling property and casualty claims? Unfortunately, the answer could be different in each of the 50 states. On one hand, each state has provided a starting point for that consideration by issuing either a statutory or regulatory legal standard advancing required and unfair actions or practices in handling and settling property and casualty claims.

Most states utilize some version or portion of the National Association of Insurance Commissioners (“NAIC”) Model Unfair Claims Settlement Practices Act or Model Unfair Property/Casualty Settlement Practices Regulations. However, each state has its own modification or specialization of those model legal authorities, or has enacted its own unique laws in order to accomplish the same goal or purpose.

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