Insurance Loss Run Reports: What They Are & Why They Matter | GoSuits

• What is an insurance loss run report?
• How is an insurance loss run different from a CLUE or claims history report?
• Why do insurance loss run reports matter in a personal injury case?
• When can loss runs or claims histories be requested in civil discovery?
• What do federal evidence rules say about using insurance and prior claims at trial?
• How do Texas rules handle loss run reports in injury lawsuits?
• How do California civil rules treat loss runs and claims histories?
• How do Illinois rules address requesting and using loss runs?
• How do you request a loss run report from an insurer?
• What is typically included in a loss run or claims history report?
• What privacy laws limit access to insurance claims history?
• How do loss runs affect settlement valuation and negotiation?
• How can plaintiffs and defendants use loss runs to assess liability?
• How should you preserve and authenticate loss runs for court?
• What mistakes with loss run reports should you avoid?
• How quickly must insurers or agencies respond to loss run or claims history requests?
• How do protective orders and confidentiality agreements apply to loss runs?
• What local practice tips apply in Texas, California, and Illinois cities near me?
• What key terms should you know about insurance loss runs?
• How can GoSuits help with insurance loss runs in your injury claim?
• References and resources

What is an insurance loss run report?

An insurance loss run report is a document an insurer prepares that lists claims made under a policy over a defined period. It usually includes the date of loss, type of claim, amounts paid, reserves, status, and whether the claim is open or closed. Businesses commonly use loss runs to shop for new coverage or negotiate renewal pricing because they act like a “report card” of risk. In injury litigation, loss runs can help show patterns of incidents, notice of hazards, or the timing and amounts of payments for prior events.

While there is no single federal statute that defines a “loss run,” many state privacy and discovery laws regulate access to the underlying “recorded personal information” and claims data in an insurer’s file. For example, California’s Insurance Information and Privacy Protection Act gives consumers the right to access recorded personal information in an insurer’s file with certain exceptions (Cal. Ins. Code § 791.10).

How is an insurance loss run different from a CLUE or claims history report?

A loss run is typically issued by your current or former insurer and covers claims on that policy or account. A CLUE report, by contrast, is a specialty consumer report compiled by a nationwide consumer reporting agency that aggregates claim information across insurers. Federal law treats CLUE reports as consumer reports under the Fair Credit Reporting Act, giving you rights to access and dispute inaccuracies (15 U.S.C. § 1681 et seq.). The Consumer Financial Protection Bureau explains how specialty consumer reports, including insurance claims reports, work and how to request them.

In short:

• Loss run report is insurer-specific, often used in underwriting and litigation discovery.
• CLUE or similar claims history report aggregates claims information and is governed by federal consumer reporting rules.

Why do insurance loss run reports matter in a personal injury case?

Loss runs can influence liability assessment, discovery strategy, and settlement valuation in civil cases after car crashes, slips and falls, trucking collisions, or product-related injuries. Here is how they matter for both sides:

• Pattern and notice: Multiple similar prior incidents may support a plaintiff’s theory that a defendant had notice of a dangerous condition or negligent practices.
• Causation and damages: A defense insurer may review a claimant’s prior injury claims through a consumer report to evaluate preexisting conditions or overlap in damages. Federal law places limits on how such reports can be used and requires accuracy and dispute processes (CFPB; FCRA).
• Reserves and valuation: Reserves shown on a loss run reflect an insurer’s internal estimate of exposure. Courts commonly treat reserves as sensitive, and discoverability will depend on jurisdiction and privilege arguments. Protective orders may be appropriate under Fed. R. Civ. P. 26(c).
• Insurance coverage: A loss run helps identify policy periods, carriers, and occurrence histories when coverage is disputed.

Context matters. While insurance is not admissible to prove negligence, other-acts evidence, habit, or notice may be admissible for non-propensity purposes subject to relevance and prejudice balancing (FRE 411; FRE 404(b); FRE 406; FRE 401; FRE 403).

When can loss runs or claims histories be requested in civil discovery?

Under federal civil procedure, parties may discover any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case (Fed. R. Civ. P. 26(b)(1)). Parties typically use document requests to the opposing party (Rule 34) or subpoenas to nonparties such as insurers or consumer reporting agencies (Rule 45). State rules in Texas, California, and Illinois track similar principles but have their own procedures and protections. Courts may enter protective orders to limit disclosure or use of sensitive data (Rule 26(c)).

Because a loss run report may include personal information of nonparties, privacy statutes and evidence rules often require redaction or confidentiality measures before production. Counsel can negotiate reasonable scope, date ranges, and categories to reduce burden and protect privacy.

What do federal evidence rules say about using insurance and prior claims at trial?

Relevant rules include:

• FRE 411: Evidence that a person was or was not insured against liability is not admissible to prove negligence. It may be admitted for other purposes, such as proving a witness’s bias or prejudice, agency, ownership, or control (FRE 411).
• FRE 404(b): Other-acts evidence cannot prove character to show conduct but may be admissible for motive, opportunity, intent, knowledge, absence of mistake, or lack of accident (FRE 404(b)).
• FRE 406: Evidence of habit or routine practice may be admitted to prove conduct on a particular occasion (FRE 406).
• FRE 401 and 403: Evidence must be relevant and not substantially outweighed by unfair prejudice or confusion (FRE 401; FRE 403).
• FRE 407: Subsequent remedial measures are not admissible to prove negligence or culpable conduct (FRE 407).

Takeaway: a loss run report is rarely a trial exhibit by itself. Instead, attorneys use it to locate witnesses, incidents, and documents, then build admissible proof consistent with these rules.

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How do Texas rules handle loss run reports in injury lawsuits?

In Texas, the scope of civil discovery includes any matter relevant to the subject matter of the action that is not privileged, and that appears reasonably calculated to lead to the discovery of admissible evidence, within proportionality limits. The Texas Rules of Civil Procedure set out broad discovery rights, including requests for production and nonparty discovery (Texas Rules of Civil Procedure; see discovery overview at Texas State Law Library). Requests to an insurer for loss runs may be made by a party who controls or has the right to obtain the records, and nonparty insurers can be subpoenaed under state procedure.

Texas Evidence Rule 411 mirrors the federal rule and generally bars use of liability insurance to prove negligence, but permits use for other relevant purposes such as bias or control. Courts apply the same relevance and prejudice balancing applied under the federal rules.

For Texas claimants and businesses, consumer and privacy rules also apply to claims histories compiled by consumer reporting agencies. Texas law provides additional rights regarding consumer reporting and disputes of inaccurate information (Tex. Bus. & Com. Code ch. 20).

How do California civil rules treat loss runs and claims histories?

California’s discovery scope allows any nonprivileged matter relevant to the subject matter involved in the pending action if it is reasonably calculated to lead to the discovery of admissible evidence (Cal. Code Civ. Proc. § 2017.010). Parties may request production of documents, electronically stored information, and tangible things (CCP § 2031.010). Subpoenas to nonparties are governed by the subpoenas chapter for obtaining business records (CCP §§ 2020.010 et seq.).

California Evidence Code § 1155 states that evidence of insurance is inadmissible to prove negligence or wrongdoing, consistent with the federal approach (Cal. Evid. Code § 1155).

California also has strong insurance privacy rules, including a right to access recorded personal information maintained by insurers subject to limited exceptions (Cal. Ins. Code § 791.10), which can include claims histories for personal lines. This may support consumer requests when you need to verify your own claims information in a car accident claim.

How do Illinois rules address requesting and using loss runs?

Illinois civil discovery is governed by Supreme Court Rules. Rule 201 sets out general discovery principles; Rule 214 covers requests for production to parties; and Rule 204 addresses discovery from nonparties. These rules permit discovery of materials relevant to the subject matter of the case, subject to proportionality, privilege, and protective orders (Illinois Supreme Court Rules).

Illinois follows the general principle that liability insurance evidence is not admissible to prove negligence, consistent with the federal rule. Judges often require redactions and confidentiality agreements for sensitive claim data contained within a loss run.

How do you request a loss run report from an insurer?

Here are practical steps that apply in Texas, California, and Illinois:

• Ask your agent or current insurer in writing: Request a “loss run report” or “claims history report” for your policy periods, specifying the date range and lines of coverage.
• Request your specialty consumer report: If you want a personal claims history across insurers, request copies from consumer reporting agencies that compile insurance claims. Federal law recognizes these as specialty consumer reports and provides access and dispute rights (CFPB; FCRA).
• Use formal discovery when litigation starts: Your attorney can serve document requests under state or federal rules, or subpoena a nonparty insurer under the applicable rules (FRCP 34; FRCP 45; Cal. CCP Subpoenas).
• Protect privacy: Request redaction of other individuals’ personal identifiers and move for a protective order if needed (FRCP 26(c)).

What is typically included in a loss run or claims history report?

Although formats vary, most loss runs include:

• Insured information: Named insured, policy numbers, policy periods.
• Claim identifiers: Claim number, date of loss, location.
• Claim type and status: Bodily injury, property damage, open, closed, or reopened.
• Financials: Paid indemnity, paid expenses, reserves, total incurred.
• Notes or codes: Cause of loss, coverage line, and sometimes brief adjuster annotations.

For personal consumer claims reports, expect similar data fields along with the reporting insurer and dates the claim was opened or closed (CFPB).

What privacy laws limit access to insurance claims history?

Key privacy rules that govern access and use:

• Fair Credit Reporting Act: Regulates consumer reports, including specialty insurance claims reports, and provides rights to access, dispute inaccuracies, and receive adverse action notices if a report affects insurance decisions (15 U.S.C. § 1681 et seq.).
• California Insurance Information and Privacy Protection Act: Grants access rights to recorded personal information maintained by insurers with exceptions and timelines (Cal. Ins. Code § 791.10).
• Texas consumer reporting statute: Provides additional state-level rights relating to consumer reports and disputes of inaccurate information (Tex. Bus. & Com. Code ch. 20).

Attorneys often address these requirements through tailored discovery requests, redactions, and court-approved confidentiality measures.

How do loss runs affect settlement valuation and negotiation?

Loss runs can shape the negotiation posture in several ways:

• Benchmarking similar claims: Prior similar incidents involving the same defendant can inform liability risk and expected settlement ranges.
• Timing and reserves: If discoverable, reserve levels and claim handling dates can indicate how an insurer views exposure. Courts vary on allowing discovery of reserves; litigants often resolve disputes through protective orders (FRCP 26(c)).
• Coverage verification: Knowing policy periods, limits, and prior payments can help assess available coverage for a car accident claim or premises case.

Statistics give context to valuation. Nationally, roadway fatalities remain high. NHTSA estimates 40,990 people died in traffic crashes in 2023, a slight decrease from 2022 but still historically elevated (NHTSA 2023 early estimate). In federal courts, civil filings are substantial and include many tort cases; annual statistical reports track trends in personal injury filings (U.S. Courts Judicial Business 2023). Insurers use loss history to price risk, and litigants use it to evaluate settlement value in light of liability strength and damages.

How can you use loss runs to assess liability?

• Notice and foreseeability: Multiple similar prior claims can support notice of a hazard in a store, on a property, or in a fleet operation.
• Negligent entrustment or supervision: Fleet or commercial auto loss runs can help show patterns of crashes that bear on training or monitoring practices.
• Identifying witnesses and data: Loss runs help locate adjusters, vendors, and documents to subpoena.

For defendants:

• Causation and prior injuries: Consumer claims histories may reveal overlapping injuries to be addressed with medical proof, always within the bounds of relevance and privacy law.
• Scope and proportionality: Defendants can limit overbroad requests, propose date limits, and seek protective orders under FRCP 26.
• Settlement planning: Understanding prior outcomes informs reserves and demand-response strategy.

Both sides should weigh admissibility limits. Evidence rules prohibit using insurance to prove negligence, but allow non-propensity uses with care (FRE 411).

How should you preserve and authenticate loss runs for court?

Practical steps:

• Send preservation notices early: Put insurers and third parties on notice to preserve relevant records.
• Collect native ESI: Ask for electronic copies with metadata where appropriate to support authenticity.
• Use business records foundations: Loss runs usually qualify as business records if you can secure testimony or certifications from a records custodian. Consider stipulations to avoid unnecessary motion practice.
• Address redactions: Agree on redactions for nonparty identifiers and sensitive financials.
• Manage ESI sanctions risk: Courts can sanction spoliation of electronically stored information under FRCP 37(e).

What mistakes with loss run reports should you avoid?

• Confusing discovery with admissibility: Getting a loss run does not mean it will be admitted at trial. Plan how to use the information within evidence rules.
• Overbroad requests: Narrow by date, location, claim type, or business unit to improve your chances and reduce court intervention.
• Ignoring privacy laws: Build in redactions, consent, or protective orders to respect FCRA and state privacy rules.
• Relying on summaries: Use the loss run to locate the underlying incident files, witness statements, and photographs that carry more evidentiary weight.
• Missing proportionality: Courts increasingly enforce proportional discovery under FRCP 26(b)(1).

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How quickly must insurers or agencies respond to loss run or claims history requests?

Timeline rules depend on who you ask and which law applies:

• Consumer reporting agencies: FCRA and related guidance require reasonable procedures, access to your file, and prompt reinvestigation of disputed information. The CFPB explains how to request and dispute specialty consumer reports that include insurance claims (CFPB).
• Insurers: State privacy statutes, like California’s Insurance Information and Privacy Protection Act, set deadlines for access to recorded personal information maintained by an insurer, subject to exceptions (Cal. Ins. Code § 791.10).
• Litigation discovery: Response times are controlled by the governing procedural rules and court scheduling orders in Texas, California, Illinois, or federal court.

If you need a report for an active car accident claim or lawsuit, involve counsel early to choose the most effective path.

How do protective orders and confidentiality agreements apply to loss runs?

Courts can issue protective orders for good cause to protect trade secrets, privacy interests, or confidential information. Parties often agree to model confidentiality orders to designate loss runs as confidential and restrict use to the litigation (FRCP 26(c)). Protective orders can also require redaction of third-party identifiers and limit access to outside counsel and retained professionals.

What local practice tips apply in Texas, California, and Illinois cities near me?

Local experience matters. Consider these practice notes if you are seeking a Texas personal injury lawyer, California personal injury attorney, or Illinois car accident lawyer:

• Texas: In Houston, Dallas, Austin, and San Antonio, judges typically expect proportional discovery. Tailor loss run requests to relevant timeframes and locations. Use Texas Rules of Civil Procedure to secure nonparty production and request redactions to protect privacy. If you are working with a Houston car accident attorney or Dallas injury lawyer, ask about standard protective orders used in the local courts.
• California: In Los Angeles, San Diego, San Francisco, and Sacramento, public entity and premises cases often involve prior incident discovery. California Code of Civil Procedure sets out detailed subpoena procedures for business records. A Los Angeles personal injury lawyer or San Diego accident lawyer can help you navigate CCP requirements and privacy limits under California’s insurance privacy statutes.
• Illinois: In Chicago and Naperville, courts frequently require careful relevance showings for broad prior-incident requests. Illinois Supreme Court Rules 201, 204, and 214 control discovery requests and nonparty subpoenas. A Chicago personal injury attorney or Naperville injury lawyer can help craft requests that address proportionality and confidentiality.

We handle cases statewide in TX CA IL and can coordinate filings near you.

What key terms should you know about insurance loss runs?

• Loss run report: An insurer’s summary of claims associated with a policy for a specified period.
• Claims history report: A consumer report compiled by a consumer reporting agency that lists claims across insurers.
• Reserves: An insurer’s internal estimate of claim value set aside for future payments.
• Open/closed claim: Indicates whether the insurer considers a claim still active or concluded.
• Protective order: A court order limiting disclosure or use of discovery materials.
• Subpoena: A command to produce documents or appear for testimony issued under court rules.

How can GoSuits help with insurance loss runs in your injury claim?

Insurance loss run reports and claims histories can move a case forward when used correctly. They can also trigger privacy disputes and motion practice that slow a case down. We guide you through what to request, how to request it, and how to use it.

Here is what you can expect from GoSuits in Texas, California, and Illinois:

• Availability and communication: We are available 24/7 for an immediate free consultation by phone or video. You can reach us any time, including nights and weekends. We offer multilingual customer service, with Spanish and Farsi available 24/7. We keep you updated with regular check-ins and provide quick status summaries when you need them.
• Fee policies and cost transparency: We handle injury cases with No win, No Attorney Fees. Learn how it works here: No win, No Attorney Fees. We do not add hidden administrative fees. We discuss case costs up front and provide written confirmations so you always know what to expect.
• Tools and case workflow that help your claim: We built a proprietary personal injury platform for our firm’s use that streamlines the entire claim. It helps us investigate, gather loss runs and claims histories, analyze patterns, draft demand packages, negotiate with the defense insurance company, and, if needed, prepare and file the lawsuit and conduct discovery. We are a law firm that adopts smart tools to move cases faster and stronger, not a tech company.
• Experience and track record: Our team brings 30 years of combined experience. We have litigated more than 1,000 civil cases. Settlement and verdict results are published on our site at gosuits.com/prior-cases. In complex matters such as 18-wheeler collisions, product cases, brain or spinal injuries, we retain qualified in-state professionals to testify on liability and damages when needed. We handle severe injury and complex litigation statewide in Texas, California, and Illinois.
• Awards and recognitions:

• #1 settlements and verdicts across multiple U.S. counties according to TopVerdict.
• Top 100 Settlement in Texas.
• Sean Chalaki named Top 40 Under 40 by National Trial Lawyers.
• Recognized by Best Lawyers in 2023, 2024, and 2025.
• Selected to Super Lawyers since 2021.

• Community involvement: We are active in local schools, chambers of commerce, and nonprofit foundations. Our attorneys serve in trial lawyer organizations, including the Texas Trial Lawyers Association, and support consumer protection groups.
• Our services for cases involving loss runs:

• Investigate and request loss run reports and claims histories relevant to your case.
• Draft targeted discovery to obtain prior incident data in a way that respects privacy and maximizes admissible value.
• Pursue protective orders or confidentiality agreements to safeguard sensitive information while keeping your case on track.
• Analyze patterns in claims to support liability theories and settlement valuation.
• Coordinate with medical and financial professionals to address preexisting conditions and isolate accident-related losses.
• Negotiate with insurers using data-driven demand strategies and prepare for trial where necessary.

• Locations and immediate help: We serve clients statewide in TX, CA, and IL. We have attorneys and staff at our locations ready to help 24/7. If you need a Houston car accident attorney, Dallas injury lawyer, Austin personal injury lawyer, San Antonio accident attorney, Los Angeles personal injury lawyer, San Diego accident lawyer, San Francisco injury attorney, Sacramento car accident lawyer, Chicago personal injury attorney, or Naperville injury lawyer, we can start today with document collection and insurer notifications. We can meet virtually or in person based on your preference.
• What to bring to your free consultation:

• Any insurance policy numbers and your insurer’s contact information.
• Letters or emails from insurers about your claim.
• Photos, crash reports, incident reports, or medical discharge summaries you already have.
• Names of any witnesses and treating providers.

We are not a volume firm. We focus on quality legal services with careful case development. If your case involves insurance loss runs, prior incident patterns, or complex claims history questions, we can get to work immediately.

References and resources

• Fed. R. Civ. P. 26 and Rule 34 on discovery; Rule 45 on subpoenas; Rule 37(e) on ESI spoliation.
• FRE 411, FRE 404(b), FRE 406, FRE 401, FRE 403, FRE 407.
• Cal. CCP § 2017.010; Cal. CCP § 2031.010; Cal. subpoenas, CCP §§ 2020.010 et seq.; Cal. Evid. Code § 1155.
• Texas Rules of Civil Procedure; Texas State Law Library: Court Rules; Tex. Bus. & Com. Code ch. 20.
• Illinois Supreme Court Rules.
• Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.; CFPB: Specialty consumer reports.
• Cal. Ins. Code § 791.10.
• NHTSA: Early Estimate of 2023 Traffic Fatalities.
• U.S. Courts: Judicial Business 2023.