Status reports to client will be:
Cases generally reported every 30 days, sooner if significant developments warrant.
Construction Defect Case Example
- Statement of Facts- This will include project history, type of development, number of units, scope of the insured’s work, status of the insured (viable, bankrupt, suspended corporation), and other general information.
- Damages and Alleged Defects- This information will include plaintiff’s claimed damages, plaintiff’s repair costs and list of defects. In addition, defense costs of repair and the insured’s potential exposure is provided. If the case is in its early stages, we will give our best estimate. If we represent a subcontractor or minor party, we will focus upon those damages, which result from our client’s work.
- Issues of Law- We will evaluate the issues of law in the case and how they bear upon the insured’s liability. Statutes of limitation, strict liability and contractual liability will be addressed along with other pertinent issues of law.
- Status of Parties- We will identify all plaintiffs, defendants and cross-defendants and their counsel of record. In addition, we will provide a summary of those parties’ involvement in the lawsuit, and whether they are still in operation or in bankruptcy. We will also report whether these parties have insurance and, if so, to the extent possible, the identities of the insurance companies, policy periods and applicable coverage.
- Status of Case- We will report the posture of the case, including the status of discovery, whether a Special Master has been appointed, and any important upcoming dates.
- Indemnity Agreements- We will relate whether there are indemnity agreements in favor of the insured, or whether the insured provided indemnity to another party. We will evaluate whether the indemnity agreement is a Type I, II, or some modified version. We will also report, if the insured is provided indemnity by another party, whether there has been a tender to that party and whether the tender has been accepted.
- Insurance- We will, to the extent possible, and with the insured’s participation, investigate and list all other insurance carriers for the insured in years previous and subsequent to any CONTRACTORS BONDING AND INSURANCE COMPANY policy, and any carriers that name the insured as an additional named insured. We will report whether there has been a tender to these other carriers and whether the tender has been accepted.
- Experts- We will discuss what experts we believe will assist our defending the client, their level of expertise, specialty, credibility and demeanor. We will also report the identities of the other parties’ experts and their areas of expertise.
- Settlement Discussions- We will discuss the settlement potential of the case, and the potential contributions by the other parties. We will report what settlement discussions have taken place, the exposure to the insured, and our future settlement strategy.
- Tactics- We will discuss our tactics regarding the resolution of the case, that is, what the best way is to resolve the case on behalf of the insured, and if the case is not going to settle, the reasons therefore.