In a previous blog post, I wrote about the importance of protecting against identity theft and against the disclosure of sensitive information during the insurance claims process. In this post, I want to touch on some of the things that can be done to protect against these issues while still cooperating with the insurance claim investigation. When presented with a request for sensitive information from an insurance company you or your representative can:
- Reign in the scope of the request. Often, simply by communicating with the insurance company and engaging in a discussion over the scope and breadth of the items and information requested, one can narrow or limit the information that needs to be provided. In other words, why is all of this information really needed to process your insurance claim?
- The parties can enter into a confidentiality agreement wherein the insurance company agrees to not disclose any of the sensitive information to anyone but those necessarily involved in the insurance claim or litigation and agreeing not to make any of the information public including redacting all sensitive information from any court filing.
- If sensitive information is requested in the form of testimony during an examination under oath, sworn statement, or deposition demand to provide the information "off the record' so that there will not be a transcript floating around with your social secutity number, for example.
- If the case is in litigation consider asking the court for a protective order. This is a request to the court to enter an order limiting what information has to be turned over and seeking a ruling on how that information is going to be handled, stored, and disposed of.
These are just some of the things that you or your lawyer can do to protect against a policyholder's private information falling into the wrongs hands while cooperating with an insurance company claims investigation.