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The write impression: sloppy, murky writing can cost insurers millions in lost productivity and expose them to bad-faith lawsuits.


Insurers can avoid potential problems by cleaning up poor grammar, inappropriate tone and muddy writing in their official correspondence with policyholders. The following examples, gleaned from more than 5,000 letters in the claims, underwriting, loss control, workers' compensation workers' compensation, payment by employers for some part of the cost of injuries, or in some cases of occupational diseases, received by employees in the course of their work.  and reinsurance The contract made between an insurance company and a third party to protect the insurance company from losses. The contract provides for the third party to pay for the loss sustained by the insurance company when the company makes a payment on the original contract.  sectors from a variety of carriers, third-party administrators and independent adjusting firms, illustrate pitfalls to avoid.

* An inadvertently negative closing to a letter written to an insured causes him to call his attorney and file a lawsuit.

* A patronizing letter filled with zingers For other uses, see .

Zingers are an American snack cake made by both Dolly Madison and Hostess, two iconic American snack food brands owned by Interstate Bakeries Corporation.
 is sent to an opposing attorney, and a settlement gets delayed three months because of the saber rattling saber rattling
n.
1. A flamboyant display of military power.

2. A threat or implied threat to use military force.

Noun 1.
.

* A claims letter filled with stodgy stodg·y  
adj. stodg·i·er, stodg·i·est
1.
a. Dull, unimaginative, and commonplace.

b. Prim or pompous; stuffy:
 phrases, punctuation errors, vagueness and lengthy paragraphs causes an insured to circle each writing problem and forward the letter to the president of the company.

* In a bad-faith lawsuit, a few angry comments written in log notes are revealed in court by the claimant's attorney, resulting in a $950,000 payout to the claimant CLAIMANT. In the courts of admiralty, when the suit is in rem, the cause is entitled in the Dame of the libellant against the thing libelled, as A B v. Ten cases of calico and it preserves that title through the whole progress of the suit. .

Writing problems often occur when poor writers try to adapt to form letters. Often these insurance professionals retain legalese legalese - Dense, pedantic verbiage in a language description, product specification, or interface standard; text that seems designed to obfuscate and requires a language lawyer to parse it.  phrases, such as "under separate cover," "enclosed please find," or "as per," and go on to create phrases that cause insureds to reach for the phone. It may not show up on a ledger sheet ledger sheet,
n an accounting form for keeping track of debits, expenditures, credits, and charges.
, but the time wasted by poor writing will probably cost insurance firms more than $50 million in lost productivity in 2003. Even more money is lost when you count the bad-faith lawsuits that will cause high punitive damages--all because file notes, an e-mail, or a claims letter became a "nastygram."

These are three examples of inappropriate tone in individual sentences.

* One letter, sent to a retirement fund member, had such a vague and fuzzy tone in its description of a retirement payout that the member sued and received a substantially larger payout at retirement.

* A letter from an underwriter used the word "failure" five times, "regretfully re·gret·ful  
adj.
Full of regret; sorrowful or sorry.



re·gretful·ly adv.

re·gret
" four times, "unfortunately" three times, and "cannot" six times.

* Another letter begins, "Our investigation into your claim indicates that you may have suffered some damage to your property due to mold. It is our understanding that several items of property were discarded prior to our inspection. We could not confirm mold contamination on the property we inspected." After going through the details of the claim, including chunks of policy language, the writer never once comes out and says the claim's denial is based on no evidence of a covered cause of loss. In this letter, the somewhat nebulous word "indicates" is used six times.

Judgmental judg·men·tal  
adj.
1. Of, relating to, or dependent on judgment: a judgmental error.

2. Inclined to make judgments, especially moral or personal ones:
 words and phrases Words and Phrases®

A multivolume set of law books published by West Group containing thousands of judicial definitions of words and phrases, arranged alphabetically, from 1658 to the present.
 are not the only elements in writing that set less than a professional tone. Punctuation and grammatical errors are an embarrassment and set a bad tone. There are thousands of these errors embedded in daily letters sent from top-rated carriers.

Which errors are most common? Comma errors occur more frequently in insurance letters than all other punctuation errors combined. Example: "This should include how the product works, in detail on how the electrolysis electrolysis (ĭlĕktrŏl`əsĭs), passage of an electric current through a conducting solution or molten salt that is decomposed in the process.  process works." That murky sentence caused a game of telephone tag telephone tag
n.
A series of unsuccessful calls exchanged by two people who are attempting to contact each other by telephone.
 that went on for two days. The writer could have written: "This should include how the product works, specifically the electrolysis process."

When faulty grammar and shaky style taint taint

an unpleasant odor and flavor in a human foodstuff of animal origin. Caused by the ingestion of the substance, commonly a plant such as Hexham scent, or while in storage, e.g. milk stored with pineapples, or as a result of animal metabolism, e.g. boar taint.
 a thought, communication comes to a halt. For example, in the following description, it's difficult to understand what is being requested. "A copy of the documents and letters sent to you by either Thomas Corp. or the EPA EPA eicosapentaenoic acid.

EPA
abbr.
eicosapentaenoic acid


EPA,
n.pr See acid, eicosapentaenoic.

EPA,
n.
 with respect to the studies your client may have on file. That should include any notes our insured made with respect to any comments made by Thomas Corp. or EPA."

What does "that" refer to? The copy of the documents? If that's correct, then is the writer saying that these notes are found in the copy? Of course, the notes are a separate item and should never have been linked to the preceding sentence. Confusion!

Multiply that one error by all the errors produced by that same writer in a day, a week, a career, and it is easy to understand why insurers shouldn't become complacent about written documents. Recognizing the importance of clear writing in claims, some midsized insurers insist that their adjusters attend a writing course every three years just to stay fresh.

With so many issues vying for attention among insurance professionals, why should writing skills be a training priority? It's simple: a company's letters may be the only way in which a customer comes to know the company. If those letters make a bad impression or are unclear or stodgy or tough, the image of the company suffers, time is wasted, and customers are put off or confused. If the company's letters come to the point and are conversational, clear and helpful, customers are happier and the staff works more efficiently. Everyone wins.

RELATED ARTICLE: Cleaning Up the Mud

Muddy writing and an inappropriate tone in letters to policyholders can cause problems, such as lawsuits and drawn-out claims for insurers. Consider the following problem sentences and how to avoid their pitfalls.

Example: "This letter will follow up yours of March 17, 2002."

If the writer had read that sentence slowly, he or she might have reconsidered the unfortunate phrasing.

Example: "We have asked you repeatedly to choose a body shop, and because you failed to respond, we didn't know what else to do but to present you with an offer based on the Crawford estimate."

The writer beats up the reader with words like "repeatedly" and "failed," and then goes further into emotional chaos by saying "we didn't know what else to do."

Example: "Should you desire any further information, please do not hesitate to contact the undersigned un·der·signed  
adj.
1. Having signatures or a signature at the bottom or end. Used of documents.

2. Signed or having signed at the bottom or end of a document:
."

This all-too-common sentence is unprofessional and stodgy. While attorneys are there to protect a company's interest, do not assume that an attorney is, by divine right divine right, doctrine that sovereigns derive their right to rule by virtue of their birth alone—a right based on the law of God and of nature. Authority is transmitted to a ruler from his ancestors, whom God himself appointed to rule. , capable of creating prose designed to win customers and keep them.

Example: "Given the substantial income your client produced subsequent to the accident, we believe your allegations of future lost wages are nothing more than smoke and mirrors."

Be careful. There's a difference between being assertive and being aggressive. This writer steps over that line by using the phrase "smoke and mirrors."

Tone Tips

Use positive instead of negative words. It seems obvious, but so many problems occur because writers default to the negative way of phrasing a thought. Instead of "John has neglected to get his car inspected," write, "John has not had his car inspected," or "John needs to have his car inspected."

Don't write when you're angry. You may regret it in the morning. In a claims environment in which e-mail is discoverable by an opposing attorney, don't be too quick to press the "send" button. Give yourself a chance to cool down. Is your reality the only possible reality? Part of being professional is not feeling compelled to return fire.

Give your reader a reason to comply before making a request. Take a look at a handful of letters in your department, and you will probably see requests for information that offer little motivation for the reader to cooperate. The writer assumes that because he or she would like more information, the reader will hop to it, but life doesn't work that way. You must provide a bit of motivation before piling on requests that may cost the reader time and anguish.

Gary Blake is director of The Communication Workshop, Port Washington Port Washington, uninc. town (1990 pop. 15,387), Nassau co., SE N.Y., a suburb of New York City, on the north shore of Long Island and Manhasset Bay. There is extensive manufacturing, much of it reflecting the region's past association with the aircraft and aerospace , N.Y., and author of The Elements of Business Writing.
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Author:Blake, Gary
Publication:Best's Review
Geographic Code:1USA
Date:Jan 1, 2003
Words:1255
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