Do your claim letters need English subtitles? Here is an uncomfortable truth: Most people do not know what “pursuant to” means in everyday conversation. As claims professionals, we work alongside attorneys every day. Sometimes we collaborate with them, and other times we interact in an adversarial way. The nature of our work constantly puts us in contact with lawyers.
My pet theory is that some claims professionals secretly wish they were attorneys, they want to sound like lawyers, and so they sprinkle phrases such as, “Please be advised,” “Please see the attached,” “Due to the aforementioned reasons,” and other similar phrases into correspondence with policyholders, claimants, and real attorneys.
Often, recipients of claim letters recognize that the language sounds like it is written by a lawyer. The tone of the communication—whether it is a reservation of rights letter, a denial letter, or a coverage explanation letter—feels very legalistic. It leads many to think, “Maybe I need a lawyer since this adjuster is writing me in such a formal, legal style.”
Before you know it, the policyholder or claimant is calling a local plaintiff attorney who heavily advertises on TV or on freeway billboards between the airport and downtown. The claim representative has lost control of the claim, the policyholder has hired an attorney, and the cost of the file has skyrocketed.
Great job with that legal mumbo-jumbo.
Eroding Trust Through Artifice
When we use legal jargon, we create a distance between ourselves and the person we are trying to help. Policyholders and claimants are often going through some of the worst days of their lives—their home has burned down, they have been in a serious accident, or a family member has been hurt. They need clear, compassionate communication; not a pseudo-legal explanation that sounds like it was written by a group of 19th-century lawyers.
Using overly formal language shows you are hiding behind corporate jargon instead of being genuine. It indicates you do not trust them enough to speak plainly, or worse, that you are trying to hide the truth with complicated language. This loss of trust can turn a simple claim into a heated dispute even when coverage is straightforward and the outcome should be positive.
Few Actually Understand What We Are Saying
No one uses “heretofore” at dinner. When we write, “Attached please find” instead of “I’ve attached,” we are not sounding professional—we are being unclear.
The insurance industry already suffers from a comprehension problem. Policies are notoriously hard to read. Court cases regularly turn on questions of policy language ambiguity. The last thing we need is to compound this problem by wrapping our claim communications in additional layers of incomprehensible verbiage. When someone does not understand our letter, they cannot make informed decisions. And when people feel confused and powerless, they seek help—usually from an attorney.
You Are Not a Lawyer
Unless you are a licensed attorney practicing law, do not try to write like one. There is a reason lawyers go through three years of law school and pass a bar exam. Legal writing is a specialized skill meant for specific audiences and purposes. When claims professionals mimic legal writing without the proper training or authority, it often seems pretentious at best and potentially misleading at worst.
Furthermore, our role is fundamentally different from that of an attorney. We are there to investigate claims, assess coverage, and help people recover after a loss. This requires empathy, clarity, and efficiency; not the confrontational attitude that sometimes defines legal advocacy. Embrace your part as a claims professional—it is valuable and essential—without pretending to be something else.
A Business Case for Plain English
Beyond the ethical and practical reasons to avoid legalese, there is a strong business case: Clear communication saves money. When policyholders understand their coverage and the claim process, they ask fewer questions. Fewer questions lead to fewer phone calls—a productivity bonus. Fewer misunderstandings lead to fewer complaints to state insurance departments, and, perhaps most importantly, they reduce the number of policyholders who feel they need a lawyer to translate what we wrote.
Every time an unrepresented claimant or insured hires an attorney because our coverage denial sounded like it was written by Dickens, we have added tens of thousands of dollars in potential costs to that file. The attorney may request every document and challenge every decision, turning a straightforward claim into a protracted negotiation; all because we wanted to sound impressive.
Write Like You Talk
The solution: Write as if you are speaking to someone face-to-face. Use short sentences. Choose common words rather than fancy ones. Say “use” instead of “utilize.” Say “before” instead of “prior to.” Get straight to the point. Explain things plainly.
This does not mean being casual or unprofessional. We can maintain a respectful, businesslike tone while still being human and understandable. “I’ve reviewed your claim, and, unfortunately, we cannot cover this loss because...” is professional and clear. “Please be advised that, pursuant to the terms and conditions of the aforementioned policy, coverage is hereby denied for the following reasons heretofore described...” is neither.
Our role is to communicate; not to impress. Leave the legal jargon to the lawyers. Write like a human talking to another human and you will see how many problems just go away.
Our next claim letter is an opportunity to build trust instead of suspicion; an opportunity to help someone understand rather than confuse them; an opportunity to keep a claim manageable instead of allowing it to spiral into litigation.
Here is the challenge: Before sending your next letter, read it aloud. If you stumble over phrases, if you would not say those words to someone sitting across from you, or if it sounds like you are auditioning for a role in a Dickens novel, delete it and start over. Write like the competent, caring professional you are.
Policyholders and claimants deserve clarity. Give it to them, starting today.
About the Author:
Kevin Quinley, CPCU, is the founder of Quinley Risk Associates LLC. kevinquinley@verizon.net