Prior Claims and Litigation History in Insurance

Prior claims history is one of the strongest predictors of current-claim fact patterns. A claimant with multiple prior soft-tissue claims across carriers presents a different investigation profile than a first-time claimant. A defendant with prior business-related litigation shows up differently at underwriting than one without. Prior-claim and litigation investigation is a standing requirement on any serious investigation file.

The Scope

Prior-history investigation covers:

• Prior workers' comp claims
• Prior auto and property claims
• Prior bodily injury litigation
• Prior disability claims
• Prior employment disputes
• Prior commercial litigation
• Prior bankruptcy filings
• Prior criminal charges
• Prior professional licensing actions
• Prior regulatory actions

ISO ClaimSearch

See our prior claims and ISO ClaimSearch post in the AOE/COE blog series for a detailed treatment.

CLUE (Comprehensive Loss Underwriting Exchange)

LexisNexis CLUE aggregates auto and property claim history contributed by participating carriers. It supports:

• Verification of applicant-reported prior-loss history
• Identification of loss clustering at specific addresses
• Prior-claim details not included on the current file

NICB ForeWarn

NICB ForeWarn is the fraud-focused intelligence platform fed by member carriers. It is particularly strong for:

• Vehicle theft and arson history
• Organized ring patterns
• Repeat claimants and locations

Federal Court Records (PACER)

PACER (Public Access to Court Electronic Records) covers federal district courts, bankruptcy courts, and appellate courts. It is searchable by party name. Coverage includes:

• Federal civil litigation
• Federal criminal charges (indictments, dispositions)
• Federal bankruptcy filings

State and County Court Records

State and county court records capture most civil litigation and most criminal activity. Coverage varies. Most jurisdictions have searchable online dockets, but some do not. Effective state-level research often requires:

• Searching each county the subject has lived in
• Searching counties where the subject had business activity
• Searching surrounding counties where litigation may have been filed

Commercial aggregators consolidate some of this data but have gaps.

Small Claims and Family Court

Small claims court and family court records are often separately maintained. Small claims can reveal small but telling disputes: landlord disputes, consumer disputes, and minor liability claims. Family court reveals divorce, custody, and support disputes.

Bankruptcy Filings

Bankruptcy filings are federal records, searchable through PACER and commercial aggregators. They are relevant for:

• Financial pressure context on insurance claims
• Asset availability for subrogation
• Prior business failures relevant to underwriting
• Timing analysis relative to current litigation or claims

Prior Settlements

Settled cases are harder to find than litigated cases. Settlement often leaves public record only in:

• Initial case filings (dismissals not necessarily reflecting settlement)
• Public records of court-approved settlements
• News coverage
• Insurance carrier disclosure in related matters
• The subject's own social media or professional commentary

Patterns That Matter

Common patterns that surface through prior-history research:

• Serial soft-tissue plaintiffs. Multiple prior soft-tissue claims across carriers
• Recurring attorneys. The same attorney representing the subject on multiple losses
• Recurring providers. The same medical providers across multiple claims
• Recurring addresses. Loss addresses repeating across otherwise unrelated claims
• Litigation timing patterns. Claims or litigation clustered around financial pressure events

Adverse Media and Public Commentary

Beyond court records:

• Adverse media search (news articles, press releases)
• Regulatory actions (state agencies, licensing boards)
• Consumer complaint databases
• Better Business Bureau filings
• Online reviews for businesses the subject operates

Applicant Misrepresentation

Prior-claims research often surfaces discrepancies between what the subject disclosed on the insurance application and what the actual record shows. These discrepancies can:

• Support rescission for material misrepresentation; see application and premium fraud
• Impact current claim coverage analysis
• Inform underwriting future renewals or applications

Permissible Purpose

Prior-claim and litigation research operates under various permissible-purpose frameworks depending on the source:

• ISO ClaimSearch, CLUE, NICB: participating-carrier and investigator access, with permissible-purpose documentation
• Commercial credit-header products: FCRA permissible purpose required
• Public court records: generally open to any requesting party
• State agency databases: varying permissible-purpose rules

See our FCRA and GLBA compliance post.

Reporting

Prior-claim and litigation findings integrate into broader reports:

• Claimant background
• AOE/COE investigations
• Fraud case files; see building a fraud case file

A dedicated prior-history section includes:

• Sources searched (with dates)
• Findings by source
• Gaps and limitations
• Analysis of relevance to the current file
• Exhibit index

Our Services

Our insurance background and asset investigation services include integrated prior-claim and litigation research on every qualifying referral, integrated with ISO ClaimSearch, CLUE, NICB, and direct court-record research.