First PI case. Just got defendant’s discovery back. I asked for all policies to see any potential coverage and was just sent back the 2-page dec page. Is that normal? What is my response/objection to this?

like
Posting as :
works at
You are currently posting as works at

What more do you want? You’re entitled to the entire policy, but you don’t really need it. If you want to push back ask for the excess policy information. It’s more about knowing the policy limits rather than having the policy itself.

like

ID atty here - we can get Dec pages faster than policies because the adjusters don't normally have them. If you want it, just ask, but know that it will take some time. Unless there is a reservation of rights issue, you don't need the policy.

like

Understood. Thanks for clarifying. It’s just frustrating when discovery responses are very incomplete or the response is “will supplement” things that aren’t super time intensive. Particularly when I’ve produced everything.

Opinion from a NY ID attorney - our higher profile clients do not allow us to exchange the entire policy unless court ordered. Dec page is even a lot and that has everything you need for primary policy info. You are definitely entitled to the entire policy in NY now, but we aggressively object regardless. Clients and carriers dont want that information out there. You need to know the limits, policy period and possibly excess, if damages are severe.

If, (and I seriously mean if) you have a good case, work with defense on this one. When we get cases we know are a looser, we want to settle early and avoid discovery disputes and costs.

If you don’t have a great case, assess the facts and evaluate the realistic damages. If the primary policy will cover that, you already have the info you need. It’s not a battle worth fighting for on either side. Make friends not enemies!

like

Np! In that case, it may be worth looking into existence of excess coverage. Defense may not provide it until the court orders disclosure though. Still would reiterate you really just need the policy limits and period, rather than the whole policy. That may be a good compromise. Good luck!

Yeah idk what more you’re looking for here. I do defense side and we are typically only sending Dec pages of all applicable policies.

like

I’d want the full policy. If you have multiple defendants, it may provide coverage for more than just the insured D (e.g., permissive use driver). Additionally, you’d want to know if the policy limits are actively being reduced by the legal expenses. That may be the rare case, but I’d rather read it on my own just in case. I would reach out and ask politely for the full copy and avoid letting this set a precedent for future discovery. Would also make sure they confirm they’ve notified the carriers. Just my $0.02. Good luck!

likesmart

I also can’t tell you how many times defense attorneys have been wrong on key aspects of the policy(ies) at issue, particularly if you have a defendant with tiered layers of excess or umbrella coverage. I also want to look for myself for applicable endorsements or exclusions that could help us frame evidence to try to fit within coverage. Get the full copy, you’re entitled to it!

like

Standard PI case? With a reputable carrier? If yes, what exactly do you think you’re going to find that a million other lawyers and courts haven’t?

Now, if it’s not a standard case (e.g., multi car pileup with an employee truck in there or something), go at it.

like

In New York for cases commenced in 2022 to defendants must provide the full policy and the name and contact information for the adjuster

like

You only really need to the entire policy if there is going to some sort of coverage issue. But, if there is no coverage issue, and you know the limits of ALL available insurance, then you are good.

like

If it’s a simple crash and there’s no contention the policy was in force, the Dec page is all you need. If this is commercial and/or multiple defendants, you need the entire policies to determine which policy is primary, secondary, etc.

like

There can be other coverage that they may be of the opinion isn’t applicable, but I want to be the judge of that.

like

I agree with GC1. I always ask for the full policy but often get sent the dec page only. You are entitled to the whole policy and should push for it for all the reasons GC listed.

like

You are only entitled to the whole policy if you are claiming bad faith. Otherwise, no.

like

As long as there is no coverage issue, I don’t usually argue over the entire policy. However, I make sure that we have all household policies since sometimes defense only wants to send dec page for the vehicle involved in the wreck.

Related Posts

This doesn’t look comfy.

Post Photo
like

My h1b got picked up in lottery this year but case hasn’t been processed yet. Meanwhile I also applied for H4ead extension. What happens to it when H1b gets approved?

helpful

Anyone know of any firms/companies that are still hiring but don't require prior legal experience? Unemployed and job hunting and trying to gain experience but have not had any luck (not a lawyer fyi)

Hey all — what’s the best way to find an attorney in a state I have no network? Is MartinDale a reliable source? Looking for a business attorney for an out of state LLC formation. Thanks.

like

How did it take you to pay of all your student loans from law school?

like

Anyone have any suggestions for front end guis for users to run python code? I’ve created a few tools for webscraping data, automation, and modeling but non technical users freak out when they try to run the code themselves. Any suggestions? (Have tried Juypter Notebooks and a few other IDEs)

like

Hello fishes,

capegemini --> 16LPA for consultant/b2 role

Accenture --> 19 LPA + 80K JB

Is it okay if I ask for more than what Accenture is offering?

YOE: 3.2 years
tech: kubernetes/GCP/azure/devops

like

Dear Fishes,

I have recently joined PWC AC Bangalore(Lateral) and waiting for project allocation.

I have got a meeting invite from a person with another one in CC with subject 'Invitation: Potential Staffing Opportunity'.

Can somebody please explain what's this meeting is about?

TIA

like

Hi All,

What would be the inhand salary for 6 LPA in Accenture?

If my lawyer sent a document with my signature on my behalf to the judge/investigator before I was ready for them to and didn’t notify me till several hours later when I asked when the final doc would go be ready for me to review, should I be upset? I was not copied or bcc’d on the email so I feel like this is unacceptable but not sure what lawyers usually do.

like

Moving to Austin near the Samsung fab. Any apartment recommendations?

like

Hi JPMorgan Chase

I got mid year promotion to a 601 level. What can I expect in terms of hike and bonus in the year end?

like

I received offer a month ago n PES started at the same time
How long does it take for PES to complete..
Where can I check the status.....or how long be notifies
What is the process post PES.....
Please someone clarify who has joined recently

like

Taking some golf lessons, got a women’s starter set I got to make sure I liked golf first. Instructor mentioned that the driver is like swinging a wet noodle for me lol and I should look into a men’s or one with stiffer flex. I have no idea what to look for. Are the people at Dicks Sporting Goods knowledgeable or worth driving the 40 min to PGA store?

like

If I want to apply R1, when should I request recommendations?

like

Has anyone done an MPhil+DPhil in eg economics in Europe? What are admissions standards like at Oxford, Cambridge, LSE?

likesmart

I have 5 years of work experience with equal experience in Data Engineering and DevOps. Now I am thinking to focus on a particular area. Can someone suggest me which one will have more scope in future. I am equally interested in both.

like

So I've been at my job for 5+ years as a data analyst/back office support team. I made my way up into making a little over $40k. I've been WFH the past 2 yrs and overtime more than half my team has now been pulled out to work for a diff department which resulted in me taking 90% of our daily tasks to handle. I'm at a point where the salary I'm getting is disrespectfully low for all the work I do. Should I ask for a raise? And if so, how do I go about asking without sounding greedy.

likesmart
like

Additional Posts in Personal Injury Lawyers

What’re the primary differences in PI when practicing in NJ v. NY? Benefits? Drawbacks? Which do you prefer?

likehelpful

What % of settlements do you take home as an associate? Trying to gauge what I should be seeking in my next contract. Currently at 3% split prorated with all handling attys. Is this normal?

like

NYC area Personal Injury Lawyers:

What are some of the most well respected plaintiff’s personal injury firms in NYC, and why?

like

What’s a good LA or NY business litigation firm and salary to expect? I’m a 2yr with quite frankly a lot of experience across civ rights, PI, excessive force, wrongful death, employment defense, K dispute, corp. structure dispute, professional licensure. Write every kind of brief, appeals, argue motions, take depos. Am the only associate working directly under partner on all cases. In house or M&A/Real Estate Transactional are likely the end goal but want to get the litigation out of me first.

funny

Bad faith lawyers out there- do you have success getting extracontractuals with blown policies that were achieved via technicalities or borderline deceptive set-ups? Do juries punish a carrier when their check is lost the mail due to a hurricane and a day late or some poor defense attorney accidentally left one line off of a release?

like

What time do you all go to bed/wake up? Told a colleague I went to bed around 1am every night and they just about gasped (as in that’s so late)…now I’m self conscious?

like

I am a personal injury defense attorney and I’ve never done plaintiff’s work. I have a case where I suspect the plaintiff is malingering and exaggerating his injuries. The plaintiffs attorney has sent me multiple demands for $3 million dollars and basically begged me to respond with some offer. I’ve told him the truth - my client has no interest in trying to settle if his demand remains about twenty times higher than the actual worst case (for us) jury verdict. More in comments...

like

Currently at a medium sized firm but want to make the jump to big law - doing Plaintiffs PI and just need some advice on how to make myself more attractive to larger firm.

like

I give my cell phone to all clients routinely. However, there are always 1 to 2 clients who abuse this and it seems as soon as their cases are over I find a new one and it is making me rethink. I hate to do this because 98% do not abuse it and I like being connected to my people. Thoughts??

like

Has anyone ever dealt with Geico UM case where they insist that a release needs to be signed? Geico extended our client’s policy limits but wants him to sign a release. We offered to sign an acknowledgment of receipt of funds but Geico said without a release signed, they will not issue payment.

like

What kind of split does your firm give you for bringing in cases? Trying to negotiate with my firm for an increase. Currently, I get 15% plus my base salary.

like

Any NY state plaintiffs lawyers regularly handle $25k policy MVA cases? Any tips for profitably handling these? Thanks!

like

Hello. Does anybody have a CA loss of consortium demand they are willing to share.

like

I’ve done PI work my entire career for over 10 years. I’ve worked in state and federal courts and I’ve traveled around the country doing MDL work and bellwether trials. I’ve had a lot of success making the idiots I’ve worked for wealthy, but I’m still waiting for a moment where I enjoy what I’m doing. I feel stuck working in dysfunctional plaintiff firms/cultures. I hate this profession/career more and more each year. Has anybody been successful breaking off on their own in recent years? Advice?

like

What metrics do you think are most important to measure for success of a Plaintiff’s firm? Obviously revenue, but what else is at the top of the list for you?

like

What do you guys send as gifts to referral sources for attorneys and/or former client referral sources?

*Assume in my jurisdiction there are no ethical issues associated with this

likehelpful

4th year at a mid size PI firm. Got pulled from litigating MVAs to help this solo we hired start a med Mal/nursing home practice. 1 year in and it looks like I’m two steps backwards in terms of getting paid because we’re a year or more out from a lot of the fees hitting. I respect the solo a lot, he’s a mentor, but I’ve got kids and I gotta get paid. Trying not to burn bridges, but I can’t wait years to get cut in. Advice?

like

I have a dumb question... I have my first jury trial coming up in a few months. It's a 3-day auto accident trial. I'm the plaintiff attorney. My question is, should I have my client present the entire three days, or am I okay to tell them that they're fine to leave after they testify?

like

Ethics Q: my client created fruaduant medical documents in order to try to recover extra benefits from her injury. My thought is to settle her case with insurance company for whatever nominal amount is offered ASAP. However, this might be lower than her case is actually worth despite the the fruad. I would rather end representation as soon as possible. Thoughts? California ethics apply.

like

I currently work at a small PI firm in Atlanta were EVERYTHING is settled presuit. If we’re unable to settle, then it’s referred to another firm for litigation. This whole process seems very atypical to me and the attorneys rarely touch a file until the first liability offer is received. The paralegals handle everything from intake to drafting the demands. The attorney briefly skims (does NOT read) the demand packages and signs. Is this ethical?? Anyone else work at a firm that is run this way??

like

New to Fishbowl?

Download the Fishbowl app to
unlock all discussions on Fishbowl.
That was just a preview…
Sign Up to see all discussions
  • Discover what it’s like to work at companies from real professionals
  • Get candid advice from people in your field in a safe space
  • Chat and network with other professionals in your field
Sign up in seconds to unlock all discussions on Fishbowl.

Already a user?
Login here

Share

Embed this post

Copy and paste embed code on your site

Preview

Download the
Fishbowl app

See what’s happening in your industry
from the palm of your hand.

A phone with Fishbowl app

Scan your QR code to download
Fishbowl app on your mobile

Download app

Sign up for free to view this conversation on Fishbowl

By continuing you agree to Terms of Use and Privacy Policy

Already have an account? Log in

Sign up for free to continue using Fishbowl

By continuing you agree to Terms of Use(New) and Privacy Policy(New)
Messaging rates may apply

Already have an account? Log in

For account settings, visit Fishbowl on Desktop Browser or

General

Legal