It’s a phrase that haunts every policyholder: Delay, Deny, Defend.

If you’ve ever filed a significant insurance claim, you may have found yourself trapped in a frustrating, confusing cycle of unreturned calls, endless paperwork, and lowball offers. It often feels personal, but we want to tell you the truth: it’s not a coincidence; it’s a strategy.

The ‘Delay, Deny, Defend’ approach is a deliberate tactic used by insurance companies to protect profits by minimizing payouts. Recognizing these tactics empowers you and affirms that your frustration is a result of insurer strategy, not personal failure.

This article aims to explain the insurance industry’s practices and demonstrate how Roberts Markland LLP can advocate on your behalf.

The “Delay, Deny, Defend” Model Explained

Delay, Deny, Defend is not the result of isolated incidents but a widespread, systemic industry strategy designed to discourage policyholders from receiving the full value of their claims.

This approach benefits insurers by pressuring claimants to accept reduced settlements or abandon claims. Understanding this model is the first step to countering it.

Delay Tactics: Wearing Down the Claimant

The first stage relies on fatigue and frustration. Insurers understand that prolonged claims become financially and emotionally taxing, aiming to pressure you into accepting any offer to resolve the matter.

Common delay tactics include:

• Unreturned Calls and Emails: Adjusters may be unresponsive for extended periods, requiring you to repeatedly request updates.
• Reassigning Adjusters: Cases may be transferred to new adjusters, requiring you to repeat your information and restart the process. This tactic is often referred to as ‘churning.’
• Excessive Information Requests: The company may repeatedly request documents or information already provided, resulting in unnecessary paperwork and costs. They may also require independent medical exams (IMEs) by doctors who often support the insurer’s position.
• “Lost” Documents: The insurer may claim not to have received important forms, requiring you to resend them and restarting the processing timeline.

These delays are intended to exhaust and frustrate you, potentially causing you to doubt your claim and your ability to pursue it.

Deny Tactics: Common Reasons for Claim Denials

After delays, a denial is often the next step. If you receive an initial denial letter, remain calm.

For insurance companies, an initial denial is often a negotiation tactic rather than a final decision. They anticipate that you may accept the denial and discontinue your claim.

Frequent reasons for initial claim denial include:

• Citing Pre-Existing Conditions: The insurer may assert that your injury or loss is related to a pre-existing condition, even if the connection is weak or inaccurate. They may also attempt to minimize your injuries by suggesting they are merely aggravations of prior issues.
• Disputing Liability: The insurer may attribute responsibility to you or another party, even when evidence supports your claim.
• Misinterpreting Policy Language: The insurer may reference complex policy clauses to argue your claim is not covered, often interpreting the language in their favor.

A denial is a challenge, not an insurmountable obstacle. With effective legal advocacy, denied claims can often be successfully appealed.

Defend Tactics: Intimidation Through Legal Threats

If delays and denials are unsuccessful, the insurer may proceed to the final stage: Defend. This stage involves threatening a lengthy and costly legal process to discourage you.

Insurers have extensive legal resources and may indicate that refusing a low settlement will result in prolonged litigation. This tactic is intended to make pursuing the full value of your claim appear too stressful and costly, pressuring many individuals to accept less than they deserve.

It is important to recognize that these threats are often intended to intimidate. A skilled legal advocate is familiar with these tactics and has the resources and experience to counter them effectively.

The Systemic Nature of Insurance Tactics

This is a systemic issue within the industry, not the result of a few ‘bad apple’ adjusters. The system is designed to protect profits by minimizing payouts.

Challenging this system alone places you at a significant disadvantage against a large, well-resourced entity. Professional advocacy with industry knowledge is essential to navigate these challenges effectively.

Roberts Markland Provides Empowerment Through Professional Advocacy

The challenges you have faced with your insurance claim are not coincidental but part of a calculated business strategy. By identifying the Delay, Deny, Defend approach, you are better equipped to respond.

Do not allow the insurance company’s tactics to prevent you from receiving the compensation you deserve. Professional legal advocacy is your strongest defense against these strategies.

Roberts Markland LLP has the “insider” knowledge and resources to counter these tactics every step of the way, ensuring your rights are protected and your voice is heard.

Take the first step toward getting the resolution you deserve. Contact us for a consultation today!

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