Legal and Claims Recovery — Glossary
Terms used in legal and claims recovery: subrogation, insurance bad faith, judgment enforcement, proof of loss, and the mechanics of insurance and litigation recovery.
Business interruption is the financial loss a company suffers when operations halt due to a covered event, measured in lost revenue and extra expenses.
Read definitionChain of custody is the documented, unbroken record of who handled evidence, when, and under what conditions, from collection to courtroom.
Read definitionA working definition of chargeback fraud and friendly fraud for recovery firms, brand protection practices, and high-risk merchant processors.
Read definitionA working definition of civil asset forfeiture for recovery practitioners: how governments seize property, the legal framework, and how recovery firms contest it.
Read definitionEscheatment is the legal process of transferring abandoned property to state custody after a statutory dormancy period expires, creating recovery opportunity for audit firms.
Read definitionInsurance bad faith occurs when an insurer unreasonably denies, delays, or underpays a valid claim, exposing it to liability beyond the policy limits.
Read definitionJudgment enforcement is the post-litigation process of converting a court award into actual payment through asset discovery, liens, garnishment, and levy.
Read definitionSkip tracing is the process of locating individuals or entities who have deliberately or inadvertently disappeared to evade payment, service of process, or asset recovery.
Read definitionSubrogation is the legal right of an insurer or other party to step into the shoes of a claimant and pursue recovery from a liable third party.
Read definitionA confession of judgment lets a creditor enter judgment against a borrower without trial. Used in merchant cash advance and specialty finance, it carries strict procedural rules and state-level restrictions.
Read definitionA contingency recovery fee is a success-only arrangement where an expense audit firm earns a percentage of the dollars it actually recovers or saves for the client.
Read definitionA proof of claim in high-stakes recovery is the formal document a judgment creditor files to establish a debt owed by an estate, trust, or dissolved entity.
Read definitionA proof of loss is the formal sworn statement a policyholder submits to an insurer to document a claim and trigger the carrier's duty to investigate and pay.
Read definitionA public adjuster is a licensed claims professional who represents policyholders, not insurers, in negotiating and settling property insurance claims.
Read definitionA working definition of waiver of subrogation for insurance recovery and claims professionals: how it operates, where it creates exposure, and common drafting errors.
Read definitionA binding dispute resolution mechanism in property insurance policies that resolves coverage amount disagreements without litigation.
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