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

Guys how is HCL in SAP consulting. Got offer from HCL which is around 30% hike over my current CTC . Is it worth to shift. And yes money is one of my key motivation

like
like

Who’s getting a bivalent?

like

Looking for a flatmate (male) in magarpatta city, 1bhk semi furnished apartment. 9k rent.

Offer Evaluation:
I have offers for product manager roles from the following companies:
1. Airmeet
2. Razorpay
3. Flipkart
4. Meesho

YOE: 5 years
Offered(Approximate): 50 LPA + ESOPS
I would like to know which company is best and do I need to negotiate more on the offers?  

likeuplifting

Hello 🦈s,

Role: SAP ABAP
Current: 8 LPA

I am having offer from LTI for 10.5 Fixed & 1
Mouritech for 12 LPA Fixed.

I have also cleared PwC India interview & HR has told me that they can give me 10.5 as Fixed (Before 12 offer). I have not yet received the offer letter.

Now my question is will PwC consider this offer for the re-negotiation? Or will they not release the offer letter itself?

Also what should be my ask for a SAP ABAP Developer with experience of 3.3 Years?

Thanks in Advance 🙏

like

Does Barclays give Diwali gifts?

likefunny

Fresher MBA here , got campus placed in ICICI Bank . The role was not made clear when they were taking us for campus placement. Now I think I am in very intense field work role as a RM mortgage. Should I stick in it for better future aspects or immediately switch due to huge field work.

like

Hey Everyone,
I wanted some details on the HRBP role at Amazon and Flipkart. Can anyone here pls help

like
like

How common is it when people work two jobs in the same field (accounting) and how big of a concern is it in terms of conflict of interest? If one does two jobs, how likely is it that both firms find out about each other? (One firm knows about the second but the second doesnt know about one)

likefunny

Just been offered a manager position (people & org consulting) at a big 4 in Qatar for 24k (QAR). Based on previous threads this seems low for the region. Especially as 9k goes towards accommodation (max unfurnished 1br) ....Have I been low balled? Or is this normal?

Hi fishes, what's the fixed range for B30 Engineer 2?

Best ETF to invest in? I’m 24 looking to invest about $50k and don’t know where to put it. Nothing that’s super high cost or risky please

like

Have any of you been a part of the protests in Portland? If so what was your take on what is happening there.

likefunny

Best books on entrepreneurship? Trying to find a good birthday gift for a friend thinking of starting his own company and exploring business ideas

like

Anyone else crave lazy days on the weekend but then feel super guilty for not being productive?

likefunnysmart

“Absolutely no rush on this today—just send it by 6am tomorrow!”

likefunny

Is it possible to negotiate with SAP?
Is there anyone who did it recently?

like

So, I'm sure this has been discussed. What would be a cut off for when to leave without necessarily burning bridges? End of October? End of November?

like

Additional Posts in Personal Injury Lawyers

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

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

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

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

like

I’m a 3L applying in NYC for post grad employment. Which plaintiffs PI/Med firms have the best opportunities for a junior? Everything I find, including my past summer job, is a small shop with 3 partners max and a handful of established associates. I would really like plaintiffs side.

likesmart

NYC area Personal Injury Lawyers:

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

like

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

Thinking about starting my own plaintiff shop. What’s the best way to generate clients with a low marketing budget?

like

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

What's your preference for plaintiff's side? Steady pay at approximately $120k with no bonuses, or a base salary of $70k plus a cut of what you close over a minimum threashold? Midwest-ish market. In both situations, you get a cut of what you bring in.

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

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

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

Anyone work in personal injury department for Morgan and Morgan in Orlando or any other central Florida office? If so, what is pay/salary for a 4th year? What can I expect case load wise? Easy transition from defense to Plaintiff? Any thoughts/experiences would be appreciated.

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

I know this is a broad question but how much should a 3 year PI attorney going into their 4th year make approx. I’m in Chicago, a range is fine too.

like

How do “commissions” on top of base salary typically work for pre-litigation associate compensation?

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

Anyone know a Connecticut or 2nd circuit case for this rule? I can’t find one to save my life. A defendant generally is liable for all harmful results that are the normal incidents of and within the increased risk caused by their negligent acts. If a defendant's negligence was a substantial factor in producing the plaintiff's injuries, the element of proximate cause has been satisfied and the defendant would not be relieved from liability for those injuries even though another force concurred..

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