What Are the 3 D’s of Insurance? – Delay, Deny, Defend

Author

Lea Keller

Dana Horlick is a personal injury lawyer at Lewis & Keller Injury Lawyers with experience negotiating claims, evaluating cases for litigation, discussing cases with clients, and obtaining settlements.

May 17, 2025

The Short Answer

The 3 D’s of insurance are “delay, deny, and defend.” They represent the 3-part strategy insurance companies use to avoid paying policyholders what they may be owed. These tactics may pressure some Americans into accepting lowball settlements, and they can result in claims being held up in court for years. Learn more about the 3 D’s of insurance and what you can do if your claim is delayed, denied, or defended.

Key Takeaways

• America’s insurance companies have grown into multi-billion-dollar empires that put shareholders before policyholders.
• Insurance companies go to great lengths to avoid paying claims. They often deny claims, slow-walk payments, and force policyholders to go to court.
• Missing or incomplete paperwork and administrative errors are among the top causes of claims denials.
• To protect their rights, consumers must be very careful when reviewing insurance notices and submitting paperwork.

Understanding the 3 D’s of Insurance

Over the past few decades, the strategy of delaying, denying, and defending valid claims has helped the U.S. insurance industry grow to more than $1.4 trillion. These companies posted record-setting profits of $95 billion in the first half of 2024. If you’re having trouble settling an insurance claim, it may be time to consult a personal injury law firm in North Carolina for help with your case.

The Meaning of Delay, Deny, Defend

Insurance companies have been using the 3 D’s for years, but unfortunately, these tactics are becoming increasingly prevalent. This strategy was first chronicled in a 2010 book by Jay Feinman called, “Delay, Deny, Defend: Why Insurance Companies Don’t Pay Claims and What You Can Do About It.” In this book, Feinman discusses some of the tactics that have allowed America’s insurance companies to grow into trillion-dollar stock market darlings.

Health insurance, car insurance, and homeowner’s insurance companies are all guilty of using the same strategies to put profits before policyholders. And unfortunately, millions of Americans have firsthand experience with these tactics that companies use to deny claims, delay payment, and defend their wrongful actions in court. Now, here’s an in-depth look at how the 3 D’s work:

The First D: Delay Paying The Claim for as Long as Possible…Even Until Death

You’ve jumped through all the hoops, and your insurance company has finally agreed to pay the claim, so you can rest easy, right? Think again.

Delaying payment is another common tactic used to boost profits. Insurance companies have been known to send out incorrect forms and then blame claimants for the error, or they may set very short time limits for when a claim can be made after an accident, injury, or illness. In cases involving elderly or gravely ill claimants, insurance companies have even delayed payments in hopes that the customer will die before they have to pay.

What You Can Do: If your claim is delayed, continue following up every 7 to 10 days. Keep records of all conversations and dates. Send in any forms or missing documents promptly.

The Second D: Deny, Deny, and Deny Claims

Insurance companies will outright deny that an accident occurred or that the policyholder was seriously injured. Some companies even offer gifts and bonuses to employees who deny claims and keep payments to a minimum. 

Arbitrary rules may crop up, referencing provisions that do not exist or that contradict a previous statement. Denials often occur due to missing or incorrect information and administrative errors. The hope is that denial after denial will defeat claimants, making them feel they have no choice but to throw in the towel.

What You Can Do: Review insurance notices carefully to determine why the claim was denied. Follow all procedures and deadlines for filing an appeal.

The Third D: Defend in Court

Following a denied claim or a delayed payment, insurance companies know that they can hold off on cutting you a check by defending their questionable tactics in court. Insurance companies make billions in profits and have thousands of high-priced lawyers on the payroll, so they’re always ready for a trial. In fact, they’re counting on it. Insurance companies know that many of their customers may be afraid or unwilling to hire a lawyer or simply unable to afford the cost out-of-pocket. They use that fear to convince claimants that a court battle would only end in an insurance company victory.

What You Can Do: Having a lawyer on your side doesn’t guarantee that you’ll be successful, but it gives you a much better chance of winning your case.

What Can You Do to Get the Insurance Company to Pay?

What can a David do against these insurance company Goliaths? Here are some tips on what to do before, during, and after filing a claim with the insurance company:

• Pick a Reputable Carrier: It pays to do a little homework before you sign on the dotted line. Research your insurance company thoroughly before you sign up for a policy. Check their financial rating, and see what other customers say.
• Read Your Policy Carefully: You should know exactly what is covered and what you need to do to file an appeal if your claim is denied. Make sure to read your policy’s declarations and exclusions carefully.
• Double- and Triple-Check Forms: Any form that’s filled out incorrectly can be used by an insurance company to deny or delay claims. Past documents can even be used as a way to retroactively deny coverage. Be thorough and honest when completing each form. 
• Wait Before Cashing the Insurance Check: Insurance companies may send checks with very low offers or pay premium refunds if they rescind your coverage. Cashing these checks can be legally interpreted as accepting their offers.
• Get Everything in Writing: If you need to fight your insurance company, you must be able to produce every bill, form, and piece of correspondence. Keep copies of all insurance policies and related records.
• Seek Legal Help: An experienced plaintiff’s lawyer can guide you through the claims process and provide the firepower necessary to challenge the insurance company in court if necessary.

Contact Our Personal Injury Law Firm in North Carolina

Navigating insurance claims and denials can be difficult, especially when you’re injured. Our personal injury law firm in North Carolina takes your recovery seriously, and we want to help you get the maximum compensation you deserve. Fill out the form below for a free evaluation with a member of our team. We’ll discuss your claim and determine whether you have a case that we can help with. Contact us today to get started!