Assessor Resource

FNSISV512
Work with legal teams to resolve complex claims

Assessment tool

Version 1.0
Issue Date: May 2024


This unit describes the skills and knowledge required to support legal proceedings to resolve a non-routine, complex claim and encompasses establishment of terms of reference for working with a legal team, the provision of timely, accurate information to support the legal proceedings for the claim, and participation in the settlement of a non-routine, complex claim that involves legal resolution.

It applies to individuals working in job roles involving specialist knowledge and functions where it may be necessary to work with legal teams in resolving non-routine, complex insurance claims such as major losses, bodily injury losses and long-term settlement.

Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. Refer to the FNS Implementation Guide Companion Volume or the relevant regulator for specific guidance on requirements.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)



Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Establish requirements of legal proceedings for insurance claim

1.1 Establish comprehensive terms of reference or instructions relevant to legal proceedings for non-routine and complex claim

1.2 Check terms of reference to ensure they are within organisational and legislative guidelines, codes of practice and personal authorities, and are clearly documented

1.3 Negotiate, confirm and document roles and responsibilities of all parties involved in legal proceedings for claim

1.4 Clarify requirements and procedures of legal systems involved in claim proceedings, including domestic and/or other relevant countries

2. Provide relevant claims information to legal team

2.1 Identify legal team representatives and confirm information requirements

2.2 Discuss options for obtaining legal data and information, and identify sources of legal data and information

2.3 Collect facts, evidence and information relevant to claims proceedings thoroughly, systematically and accurately

2.4 Research historical data, as required

2.5 Analyse legal data and information for relevance

2.6 Identify information deficiencies and seek additional information from appropriate sources

2.7 Provide legal data and information to legal team in compliance with organisational policy and procedures, compliance, ethical and legal requirements and within required timeframes and authorities

3. Support legal process from claims perspective

3.1 Ensure instructions for and receipt of legal advice pertaining to claim occurs as required

3.2 Liaise with legal team, doctors or other relevant parties as required to expedite insurance claim resolution

3.3 Ensure documents passed as part of legal proceedings comply with organisational, regulatory and legislative considerations

3.4 Negotiate timelines for provision of relevant documents to legal team and ensure they are adhered to

3.5 Ensure insurers manage matters before court in a manner that achieves best and most expeditious resolution and at minimum cost

3.6 Employ all appropriate methods within organisational, legislative, codes of practice or other guidelines to clarify conflicting evidence or information

3.7 Document all actions, procedures and outcomes in supporting legal team and record promptly

4. Participate in settlement arrangements

4.1 Participate in mediation and negotiation activities as required

4.2 Arrange meeting with instructing legal practitioner to discuss settlement meeting and review settlement documents

4.3 Attend settlement meeting at prescribed venue

4.4 Check documentation to ensure it is correct

4.5 Exchange documentation with appropriate parties

4.6 Draft letter of confirmation of settlement, forward to instructing legal practitioner for review and despatch to relevant parties

4.7 Register, lodge and record relevant documents as appropriate

4.8 Inform stakeholders of outcome

5. Report outcomes and update records

5.1 Document and record actions, procedures and outcomes promptly and accurately according to organisational policy, legislative requirements and codes of practice, as applicable

5.2 Provide stakeholders with accurate and timely advice regarding the claim settlement

Evidence of the ability to:

formulate terms of reference and establish a legal team to undertake legal proceedings

establish a portfolio of evidence and information on which the legal team can act

liaise and negotiate requirements and scheduling with the personnel associated with legal proceedings

contribute to the resolution process through mediation and negotiation

prepare documentation as required for the legal proceedings and following the resolution

interpret and apply organisational policy and procedures, and comply with legislation, regulations and industry codes of practice related to the resolution of complex claims

oversee and coordinate the legal process associated with a claim.

Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.

To complete the unit requirements safely and effectively, the individual must:

explain the process of claims management

outline contract and commercial law principles relevant to claims settlements

describe and apply data analysis techniques and procedures

identify and describe key features of relevant legislation, regulatory guidelines and industry sector codes of practice as they apply to legal proceedings

explain loss adjusting principles and practice relevant to complex claims

outline organisational policy, procedures, underwriting guidelines and levels of authority

explain the importance of wording of insurance policies in keeping with organisational or insurance sector principles

outline research methodologies and practices relevant to resolving complex claims

outline risk prevention and loss minimisation methods and application

describe the roles, responsibilities and jurisdiction of specialists and other authorities

outline the principles of rules of evidence and information gathering, and the importance of accurate documentation for legal proceedings

describe types and categories of insurance policies

describe the key roles of legal teams and other stakeholders in assisting in resolving complex claims.

Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the insurance services field of work and include access to:

organisational records

organisational policy, procedures, legislation and regulations as they relate to contracts of insurance

a range of common technology and software.

Assessors must satisfy NVR/AQTF assessor requirements.


Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)


Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Establish requirements of legal proceedings for insurance claim

1.1 Establish comprehensive terms of reference or instructions relevant to legal proceedings for non-routine and complex claim

1.2 Check terms of reference to ensure they are within organisational and legislative guidelines, codes of practice and personal authorities, and are clearly documented

1.3 Negotiate, confirm and document roles and responsibilities of all parties involved in legal proceedings for claim

1.4 Clarify requirements and procedures of legal systems involved in claim proceedings, including domestic and/or other relevant countries

2. Provide relevant claims information to legal team

2.1 Identify legal team representatives and confirm information requirements

2.2 Discuss options for obtaining legal data and information, and identify sources of legal data and information

2.3 Collect facts, evidence and information relevant to claims proceedings thoroughly, systematically and accurately

2.4 Research historical data, as required

2.5 Analyse legal data and information for relevance

2.6 Identify information deficiencies and seek additional information from appropriate sources

2.7 Provide legal data and information to legal team in compliance with organisational policy and procedures, compliance, ethical and legal requirements and within required timeframes and authorities

3. Support legal process from claims perspective

3.1 Ensure instructions for and receipt of legal advice pertaining to claim occurs as required

3.2 Liaise with legal team, doctors or other relevant parties as required to expedite insurance claim resolution

3.3 Ensure documents passed as part of legal proceedings comply with organisational, regulatory and legislative considerations

3.4 Negotiate timelines for provision of relevant documents to legal team and ensure they are adhered to

3.5 Ensure insurers manage matters before court in a manner that achieves best and most expeditious resolution and at minimum cost

3.6 Employ all appropriate methods within organisational, legislative, codes of practice or other guidelines to clarify conflicting evidence or information

3.7 Document all actions, procedures and outcomes in supporting legal team and record promptly

4. Participate in settlement arrangements

4.1 Participate in mediation and negotiation activities as required

4.2 Arrange meeting with instructing legal practitioner to discuss settlement meeting and review settlement documents

4.3 Attend settlement meeting at prescribed venue

4.4 Check documentation to ensure it is correct

4.5 Exchange documentation with appropriate parties

4.6 Draft letter of confirmation of settlement, forward to instructing legal practitioner for review and despatch to relevant parties

4.7 Register, lodge and record relevant documents as appropriate

4.8 Inform stakeholders of outcome

5. Report outcomes and update records

5.1 Document and record actions, procedures and outcomes promptly and accurately according to organisational policy, legislative requirements and codes of practice, as applicable

5.2 Provide stakeholders with accurate and timely advice regarding the claim settlement

Evidence of the ability to:

formulate terms of reference and establish a legal team to undertake legal proceedings

establish a portfolio of evidence and information on which the legal team can act

liaise and negotiate requirements and scheduling with the personnel associated with legal proceedings

contribute to the resolution process through mediation and negotiation

prepare documentation as required for the legal proceedings and following the resolution

interpret and apply organisational policy and procedures, and comply with legislation, regulations and industry codes of practice related to the resolution of complex claims

oversee and coordinate the legal process associated with a claim.

Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.

To complete the unit requirements safely and effectively, the individual must:

explain the process of claims management

outline contract and commercial law principles relevant to claims settlements

describe and apply data analysis techniques and procedures

identify and describe key features of relevant legislation, regulatory guidelines and industry sector codes of practice as they apply to legal proceedings

explain loss adjusting principles and practice relevant to complex claims

outline organisational policy, procedures, underwriting guidelines and levels of authority

explain the importance of wording of insurance policies in keeping with organisational or insurance sector principles

outline research methodologies and practices relevant to resolving complex claims

outline risk prevention and loss minimisation methods and application

describe the roles, responsibilities and jurisdiction of specialists and other authorities

outline the principles of rules of evidence and information gathering, and the importance of accurate documentation for legal proceedings

describe types and categories of insurance policies

describe the key roles of legal teams and other stakeholders in assisting in resolving complex claims.

Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the insurance services field of work and include access to:

organisational records

organisational policy, procedures, legislation and regulations as they relate to contracts of insurance

a range of common technology and software.

Assessors must satisfy NVR/AQTF assessor requirements.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Establish comprehensive terms of reference or instructions relevant to legal proceedings for non-routine and complex claim 
Check terms of reference to ensure they are within organisational and legislative guidelines, codes of practice and personal authorities, and are clearly documented 
Negotiate, confirm and document roles and responsibilities of all parties involved in legal proceedings for claim 
Clarify requirements and procedures of legal systems involved in claim proceedings, including domestic and/or other relevant countries 
Identify legal team representatives and confirm information requirements 
Discuss options for obtaining legal data and information, and identify sources of legal data and information 
Collect facts, evidence and information relevant to claims proceedings thoroughly, systematically and accurately 
Research historical data, as required 
Analyse legal data and information for relevance 
Identify information deficiencies and seek additional information from appropriate sources 
Provide legal data and information to legal team in compliance with organisational policy and procedures, compliance, ethical and legal requirements and within required timeframes and authorities 
Ensure instructions for and receipt of legal advice pertaining to claim occurs as required 
Liaise with legal team, doctors or other relevant parties as required to expedite insurance claim resolution 
Ensure documents passed as part of legal proceedings comply with organisational, regulatory and legislative considerations 
Negotiate timelines for provision of relevant documents to legal team and ensure they are adhered to 
Ensure insurers manage matters before court in a manner that achieves best and most expeditious resolution and at minimum cost 
Employ all appropriate methods within organisational, legislative, codes of practice or other guidelines to clarify conflicting evidence or information 
Document all actions, procedures and outcomes in supporting legal team and record promptly 
Participate in mediation and negotiation activities as required 
Arrange meeting with instructing legal practitioner to discuss settlement meeting and review settlement documents 
Attend settlement meeting at prescribed venue 
Check documentation to ensure it is correct 
Exchange documentation with appropriate parties 
Draft letter of confirmation of settlement, forward to instructing legal practitioner for review and despatch to relevant parties 
Register, lodge and record relevant documents as appropriate 
Inform stakeholders of outcome 
Document and record actions, procedures and outcomes promptly and accurately according to organisational policy, legislative requirements and codes of practice, as applicable 
Provide stakeholders with accurate and timely advice regarding the claim settlement 

Forms

Assessment Cover Sheet

FNSISV512 - Work with legal teams to resolve complex claims
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

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Result: Competent Not yet competent

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Assessment Record Sheet

FNSISV512 - Work with legal teams to resolve complex claims

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

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