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Insurer Can Expect

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This is a sample of the sort of statement of purpose that a trial firm might make to a casualty insurance company client.

WHEN AN INSURER HIRES US TO DEFEND THEIR INSURED: THE INSURER HAS THE RIGHT TO EXPECT THE FOLLOWING THINGS FROM US:

1. Within 24 hours of our being retained to defend: either a telephone call or a letter to the insured, informing the insured that we are retained to defend them.

2. Within 24 hours of our being retained to defend: written acknowledgment directed to the insurer, acknowledging for both their file and ours our retention in the matter.

3. Within 48 hours of receipt of preliminary file materials: a review by our attorney, resulting in a preliminary outline of what needs to be done.

4. Within 15 days of receipt of preliminary file materials: securing any critical evidence in danger of being lost before trial.

5. Within 30 days of receipt of preliminary file materials: sufficient work done on the file so that we know what needs to be done to:

(a) evaluate the settlement value of the case, and 
(b) try the case.

Intelligent decisions should be made as to how time and money can be saved in the handling of the file. Less experienced attorneys than our firm might want to take depositions of all possible persons or to try to discover every possible fact before making decisions. In contrast, the insurer has a right to expect us as experienced litigators to be able to form preliminary opinions before every conceivable fact has been investigated or researched to death.

6. In 60 days--if we are asked to do so--preliminary opinions on the items shown on our Form 11.21.

7. After 180 days: a letter, at appropriate times, which reviews and summarizes the file. Claims managers are busy people with thick files and a lot of files. They are entitled to have one place in the file to which they can go to find sufficient information so that the claims manager may make his own independent evaluation of what he/she wants to do with the case. Our Form 11.11 is the starting point for any attorney preparing a review letter. The reviewing attorney should consider the 17 categories of information which are contained in our Form 11.11, and include them if applicable in the review letter.

8. When settlement authority is granted: immediate and vigorous attempts to settle and save further defense costs.

9. At trial: a case ready for trial.

 

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© Copyright Leonard H. Bucklin 2000 to 01/30/2008 ©  All rights reserved.  No copying or distribution of this material may be made without the express written consent of the copyright holder.  For more information -  see the Legal Notices.