For years I have been writing about the use of computer modelling to predict damages from hurricanes. No, not simply using computers to predict hurricanes, but using computers to predict and process damages claims from hurricanes without investigating and evaluating the claims that are actually made after a hurricane has passed through.
Perhaps the approach of Hurricane Dorian is on my mind. We are sitting in the middle of its latest predicted path. We will know shortly if that prediction holds.
Courts have begun to address the use of computer models to predict and process other types of damages claims and found it to be an actionable abuse of computer models. In a recent case, a State court certified a class of GEICO policyholders who alleged that GEICO filtered their PIP claims through computer models instead of investigating and evaluating their PIP claims based on investigation. The case is Green v. GEICO General Ins. Co., No.: N17C-03-242 EMD CCLD, 2019 WL 4039609 (Del. Super. Ct. August 27, 2019) (stated UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING).
Computer modelling makes fools of us all: Predicting damages using computer models instead of paying adjusters to adjust claims is not just a continuing practice. It has actually expanded, for example, from hurricanes to PIP injuries, as in this case.
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