Deflect attacks on you in bad-faith cases.The hallmark hallmark, mark impressed on silverwork or goldwork to signify official approval of the standard of purity of the metal, also called plate mark. The hallmark was introduced by statute in England in 1300 and enforced by the Goldsmiths' Hall, London. of an insurer's bad faith is its unreasonable conduct. But the insurer's attorneys may target your conduct as a way to divert di·vert v. di·vert·ed, di·vert·ing, di·verts v.tr. 1. To turn aside from a course or direction: Traffic was diverted around the scene of the accident. 2. attention, delay or confuse con·fuse v. con·fused, con·fus·ing, con·fus·es v.tr. 1. a. To cause to be unable to think with clarity or act with intelligence or understanding; throw off. b. the claim, or remove you as counsel by making you a witness. The insurer's attorney (s) may say that, for example, you are pushy push·y adj. push·i·er, push·i·est Disagreeably aggressive or forward. push  i·ly adv. and unreasonable, you have delayed presenting or prosecuting the
claim, or you have demanded excessive attorney fees.
Anticipate this attack and try to prevent it, but also be prepared to respond. Your tone in all communications with the insurer An individual or company who, through a contractual agreement, undertakes to compensate specified losses, liability, or damages incurred by another individual. An insurer is frequently an insurance company and is also known as an underwriter. before litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. should convey the message, "I am working with you to solve the problem of my client and your insured." Demonstrate your willingness to assist the adjuster in resolving the claim. Use language such as: * "Please let us know what additional information you need in order to promptly adjust and pay this claim." * "If I have failed to address any specific item of information you have requested, please let us know. We will promptly gather any additional information reasonably related to this claim." * "If for any reason you feel any issues were not fully addressed in my client's examination under oath Under oath could refer to:
* "If we are mistaken in our facts, please let us know so that we can work together to resolve my client's claim as promptly as possible." Object to evidence of your postlitigation conduct. Point out that you are not an adjuster and that your postlitigation conduct is not relevant to the issue of the insurer's bad faith. Also state that disclosing your communications will violate attorney-client or attorney work-product privileges. To successfully resolve your client's problem, remain firm but infinitely reasonable throughout the process. James C. Plummer Houston |
|
||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion