First Letter to the Insured Defendant

These two letters make insurance defense assignments easier for you! These forms are a cost-efficient way to get letters you would take a long time to prepare, Work smarter – faster – better.

These two forms are:

1. A two-page letter to the insurer which has retained you to represent their insured defendant.
2. 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.

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.

Use your forms today! We deliver electronically. At the end of your purchase you will receive an email confirmation of your order with a link to download your form as a PDF into your computer. Now what could be easier than that!

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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.

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