Partial Payment Strategies

The pattern

1. 1Carrier issues partial payment (often with cover letter)
2. 2Letter describes the payment as "settlement" or "resolution"
3. 3Policyholder assumes more is coming, deposits check
4. 4Carrier considers claim closed
5. 5Supplemental attempts are denied as "untimely"

What to watch for

Endorsement language on check

• "In full satisfaction": avoid signing without review
• "For all claims arising from...": avoid

Cover-letter language

• "Final settlement"
• "Resolves the claim"
• "No further payments anticipated"

Release forms accompanying payment

• Explicit release of claim rights
• Typically requires signature before depositing

How to accept partial without releasing

• Deposit check without signing release if release is separate
• Write "Under Protest" on deposited check when endorsement is ambiguous
• Follow up in writing stating your position that partial payment does not resolve the claim
• File supplemental within the 18-month window

When carrier insists on release

• Negotiate release language to be claim-specific (not all-encompassing)
• Carve out known supplemental issues
• Preserve supplemental rights in writing
• Consider whether litigation is the better path

Florida's supplemental window

Fla. Stat. 627.70132: 18 months from loss to file supplemental. Accepting partial doesn't automatically waive this right, but broad release language can.