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.

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Chain of custody is the documented, unbroken record of who handled evidence, when, and under what conditions, from collection to courtroom.

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A working definition of chargeback fraud and friendly fraud for recovery firms, brand protection practices, and high-risk merchant processors.

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A working definition of civil asset forfeiture for recovery practitioners: how governments seize property, the legal framework, and how recovery firms contest it.

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Escheatment is the legal process of transferring abandoned property to state custody after a statutory dormancy period expires, creating recovery opportunity for audit firms.

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Insurance bad faith occurs when an insurer unreasonably denies, delays, or underpays a valid claim, exposing it to liability beyond the policy limits.

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Judgment enforcement is the post-litigation process of converting a court award into actual payment through asset discovery, liens, garnishment, and levy.

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Skip tracing is the process of locating individuals or entities who have deliberately or inadvertently disappeared to evade payment, service of process, or asset recovery.

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Subrogation 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.

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A 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.

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A 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.

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A 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.

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A 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.

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A public adjuster is a licensed claims professional who represents policyholders, not insurers, in negotiating and settling property insurance claims.

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A working definition of waiver of subrogation for insurance recovery and claims professionals: how it operates, where it creates exposure, and common drafting errors.

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A binding dispute resolution mechanism in property insurance policies that resolves coverage amount disagreements without litigation.

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