Assigned by an insurer to defend their insured in bodily injury
litigation?
Here are the two first letters to send out
--- just minutes after you
are retained.
Immediately start or renew good relations with the
insurer. Save time telling insureds what they want to know and what you want them to do.
These two forms are:
- A two-page letter to the insurer which has retained you to represent their
insured defendant.
- A three-page letter to the insured defendant you have
been assigned to defend.
Here is what the first letter to the
insured defendant does for you:
● Tells the client his/her/its insurer has assigned you to
defend them. Importantly, it tells the insured that they are the client, not
the insurer. This is important, because scared defendants may think you
represent the insurer, not them.
● The letter also gives other information to prevent
misunderstandings about the scope of your representation or what you are
doing for the insured. In particular it avoids malpractice claims that you
did not tell the client you are not hired to assert a counterclaim (but yet
warns there is a need to prevent waiver of counterclaims).
● Assures the client defendant you are taking steps
quickly to defend them;
● Answers questions most first-time personal injury
insured defendants have;
● Gives information which prevents the client calling you
to ask “what’s going to happen next?” and
● Directs the client into the pattern of phoning or
emailing your legal assistant - instead of you.
More about the content of this form letter is down the
page. You cannot draft such a letter "from scratch" yourself as
inexpensively buying this form.
Here is what the first letter to the
insurer does for you:
● Gives the insurer a written acknowledgment of the
assignment. (Some insurer’s require it for their file; all insurers are
impressed by your business-like handling of their assignment.)
● Assures the insurer you are taking specific steps quickly to
defend the insured.
● By including a copy of your first letter to the insured
(which should point out to the insured that you are not giving insurance
coverage advice) you quietly point out to the insurer that you will not be
giving either the insured or the insurer insurance coverage advice. (It is surprising how
many claims managers expect you to tell them how to protect the company when
coverage questions appear to you.)
By including the "attachment for insurer" we give you with
this form, you both impress the insurer that you are knowledgeable in
insurance defense and also set up a checklist of "do to" for yourself.
More about the content of this form letter is down the
page. You cannot draft such a letter "from scratch" yourself as
inexpensively buying this form.
"The best guarantee in the law form business." If you do not
agree this form is worth every penny, just ask for your money back in 60
days. It's that simple!
You can't lose!
First Letter to Insured contains the following sections.
1. We need you to help us obtain information (Set an
appointment to see me).
2. We are preparing for settlement, but you and we will be
ready if case needs to be tried.
3. The amount claimed against you
4. We are hired only to defend you against this claim; no
insurance advice
5. We are not hired to make a counterclaim for you; but
there are limitations which might bar you if you do not make one now.
6. We will keep you informed of important events.
7. "For your information" copies; more about keeping you
informed.
8. We will prepare you, and walk you through it, if you
are required to be at a deposition or answer interrogatories.
9. Email between us.
10. Efficiency means some other person in the office also
may work with you.
11. My legal assistant can answer most of your questions
if I am not immediately available.
First Letter to Insurer contains the following
sections.
1. Thank you for retaining us. Date of retention.
2. We are already proceeding on the defense
3. We have already contacted the insured or will do so in
the next 24 hours.
4. In addition, we have sent a separate letter to the
insured giving the insured first steps to be taken and have asked the
insured to set up an appointment to see me.
5. We immediately do a preliminary review of any file
materials you have sent us or will be sending us.
6. Securing critical evidence in danger of being lost
7. Internally we are proceeding to do a preliminary
assessment of defense work needed to be done to evaluate the settlement
value of the case or to try the case
8. Expect to promptly inform you if there are significant
advancements, but not of detail changes.
9. If you give us settlement authority we will attempt
settlement promptly following your directions
10. If case is tried, we will have the case ready for
trial.
Two First Letters for BI Insurance Defense Counsel is
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Copyright © 2001 to 2011
by Leonard Bucklin, All rights reserved except as explicitly stated in license to licensee
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