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Just file the lawsuit.
I've done it with a a cover letter explaining that they need independent counsel because their insurance company is deliberately putting them at risk of being sued and having excess exposure because the carrier won't fairly evaluate the claim. It isn't a magic bullet but it helps get the insured to raise hell.
I’ve done it a few times just to put some pressure on the adjuster, but it’s not something that works 100% of the time. If the adjuster is being unreasonable, i just file suit and start negotiating with defense counsel or litigation adjuster.
I do it a lot. People need to understand that the only reason they’re getting sued is because insurance companies are being greedy and not protecting them.
Never did it. Just filed.
I was contemplating the same thing. Is there any downside…?
In my experience, a lot of times the adjuster doesn’t tell the insured that a demand has been sent out prelit. I’ve had a ton of defendants testify during their depositions that they didn’t know about any demands that were sent out until I put it in front of them in the depo.