Insurance Claims Report: Kiblen

David A. Szwak

Insurance Claims Report: Kiblen

Postby David A. Szwak » Fri Dec 02, 2005 9:15 pm

Kiblen v. Pickle,
653 P.2d 1338
(Wash. App. 1982)

Insurance claim investigation report is not a "consumer report" unless used to deny benefits. If benefits are denied, insurer must comply with 15 U.S.C. 1681m

David A. Szwak

Postby David A. Szwak » Fri Dec 02, 2005 9:30 pm

Kiblen v. Pickle,
33 Wash.App. 387,
653 P.2d 1338
[Wash. App. Div. 3 1982]

In insured's action against detective agency and disability insurance company which ordered insurance claims report from agency, the granted damages and attorney fees to insured. The Court of Appeals reversed and dismissed, holding [1] insurance claims reports ordered by insurance companies to verify disabilities reported by insured policyholders are not "consumer reports" under FCRA, but fact that claims report was made must be disclosed and copy of it given to claimant if it is basis for denial of benefits to him, and [2] company's letter to insured was in substantial compliance with Act provision governing notice to him. Insurance claims reports ordered by insurance companies to verify disabilities reported by insured policyholders are not "consumer reports." Assuming that report was consumer report and thus subject to protective procedures of FCRA, insurer's letter to insured, informing him of its discontinuance of its waiver of premium benefits in connection with disability insurance policy, which stated that insurer had learned through named detective agency that insured had been selling guns, providing income to him, was substantial compliance with provision of Truth in Lending Act governing notice to insured, where insured asked detective agency for its report shortly after receiving such letter. 1681m[a].


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