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Creating conflict between insurance defense attorneys and the adjusters
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Date: May 26th, 2018 7:30 PM Author: chest-beating round eye personal credit line One of the things I want to master as a plaintiff lawyer is to create discomfort between the ID attorneys, the adjusters and the clients.
I received an email from an ID attorney on Friday morning that was specifically designed to protect the insurance company and expose her client to potentially unlimited liability. I want to expose this in my response and make it so that this attorney is forced to cave to our demand or recuse herself from the case. Her letter was so strongly drafted to protect the insurance company that it explicitly twisted my words and tries to imply something I didn’t even say. |
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Date: May 26th, 2018 7:32 PM Author: duck-like range really tough guy Keep repeating that they have a duty to inform their insured that they may face excess exposure. Also, tell them they should be getting cumis counsel for their insured because of the exposure to an excess verdict. Just keep hammering them on that and create a documented trail. Then when you depose the defendant, pull out the 998 and ask if they've seen it before. Ask them if they know what it means. Ask them if they knew that you were willing to let them out of the case for policy limits. Let them know how hurt your client is. Let them know you are going after their personal assets now. Then when you get an excess verdict, you have a really strong bad faith case. (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36133190) |
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Date: May 26th, 2018 7:35 PM Author: Pea-brained balding locale scholarship. (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36133201) |
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Date: May 26th, 2018 7:37 PM Author: chest-beating round eye personal credit line My last email in that chain which I sent yesterday (you were CCed on) is advice from Paul Zuckerman. 1. Telling the attorney to forward it to higher up claims people, and 2. The reminder to the client of the potential exposure. It wasn’t eloquently written but it was designed to make the attorney uncomfortable. I did get a staff counsel attorney to write me a letter at midnight so I’ve done something correctly. (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36133212) |
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Date: May 26th, 2018 7:55 PM Author: motley cumskin meetinghouse (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36133280) |
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Date: May 28th, 2018 4:28 PM Author: vivacious deer antler elastic band Something plaintiff bros do where I practice is include a brief narrative in this type of letter where the insured was relieved of his duty to cooperate under the policy due to a conflict created by coverage issues. They specifically mention the name of the friendly plaintiffs attorney that stepped in to "defend" the insured during the setup of the insurance company. They also mention that the insured actually realized a nice little recovery on the bad faith claim.
They do this to provide the insured a step-by-step guide on what they need to do to get their own attorney, and by including the name of the attorney from the other case that represented the defendant, they not so subtly suggest who the insured should contact. Obviously, the same strategy can be used during the insured's deposition.
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Date: May 29th, 2018 1:48 PM Author: crystalline frisky feces marketing idea cumis counsel? is that related to bruised dicks? (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36145447) |
Date: May 26th, 2018 7:56 PM Author: motley cumskin meetinghouse When you have chats w defense counsel and the defendant is present, shape all your statements around "just trying to work this out" and even say "if we settle for policy limits I'd make sure no judgment, satisfied or otherwise, ever got docketed on defendant's credit history as a result." (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36133292) |
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Date: May 28th, 2018 1:34 AM Author: primrose forum (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36138907) |
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Date: May 29th, 2018 9:45 PM Author: motley cumskin meetinghouse (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36148542) |
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Date: May 27th, 2018 10:26 PM Author: chest-beating round eye personal credit line (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36138150) |
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Date: May 27th, 2018 10:30 PM Author: pale territorial cuck parlour Fuck yeah man (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36138161) |
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Date: May 28th, 2018 1:29 AM Author: chest-beating round eye personal credit line (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36138893) |
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Date: May 28th, 2018 3:15 PM Author: chest-beating round eye personal credit line (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36140744) |
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Date: May 28th, 2018 4:18 PM Author: vivacious deer antler elastic band Must be a rookie defense counsel. Last thing an experienced ID bro will do is argue their client out of coverage, which is not good for their bottom line. More fundamentally, ID attorneys where I practice generally want to do right by their clients, which obviously entails ensuring the insurance company picks up the bill for the settlement. (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36140983) |
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Date: May 28th, 2018 4:22 PM Author: chest-beating round eye personal credit line Not a rookie (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36140997) |
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Date: May 28th, 2018 4:21 PM Author: Up-to-no-good station organic girlfriend God, what a shitty profession (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36140994) |
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Date: May 28th, 2018 4:22 PM Author: Pungent kitchen dingle berry This topic is way too advanced for xo. (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36140996) |
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Date: May 28th, 2018 4:24 PM Author: chest-beating round eye personal credit line It’s a personal injury board now (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36141006) |
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Date: May 28th, 2018 4:55 PM Author: Soggy Bipolar Cuckold Heaven a new age of scholarship (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36141174) |
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Date: May 29th, 2018 11:18 AM Author: motley cumskin meetinghouse (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36144602) |
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Date: May 29th, 2018 11:39 AM Author: pale territorial cuck parlour (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36144725) |
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Date: May 29th, 2018 1:50 PM Author: Transparent main people institution (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36145461) |
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Date: May 29th, 2018 11:22 AM Author: At-the-ready karate Yeah, for the six of us on here that do it. (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36144623) |
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Date: May 29th, 2018 11:26 AM Author: Unhinged psychic people who are hurt I need to sure more companies with insurance (http://www.autoadmit.com/thread.php?thread_id=3987270&forum_id=2#36144637) |