Implementing a unique action plan tailored to overcoming the challenges of each claim in a cost-effective manner
What is a case-specific approach?
100
Upon assignment of a litigated file, the Claims Representative should identify these to move the claim forward.
What are roadblocks to resolution?
100
It is best to specify this if requesting a new deadline via an extension request.
What is a specific date?
100
This is a required discussion with the assigned defense attorney to discuss preliminary instructions, identify time-sensitive matters, determine if pre-answer motions are necessary and develop an agreement regarding initial case strategy.
What is the 15-Day Strategy Conference?
100
Ongoing communication between the Claims Representative and this person should take place at appropriate intervals as dictated by the action plan, information developed and deadlines of the particular case.
Who is the assigned defense attorney?
200
The person responsible for the management of the litigation claim, even after the case as been referred to a defense attorney
Who is the Claims Representative?
200
The resolution strategy that involves performing only the essential legal tasks designed to preserve the defense and advance an early resolution of the case.
What is the Settlement Strategy?
200
The three types of approved defense counsel that you can refer case assignments to, in order of priority.
What are Esurance Staff Counsel, Allstate Staff Counsel & Outside Counsel (both hourly and flat fee)?
200
This should be obtained from the assigned attorney as soon as possible, to reflect the costs and fees associated with the agreed-upon action plan.
What is a detailed budget?
200
These should be obtained only if they have an impact to the case, and should be gathered through signed authorizations.
What are medical records?
300
The person who provides necessary expertise and directly handles many facets of the litigation process through an agreed strategy with the Claims Representative
Who is the assigned defense attorney?
300
These are the three common resolution strategies for litigated files.
What are the settlement strategy, the discovery/investigation strategy and the trial strategy?
300
This should be made in writing, and contain details of the facts, liability, exposures, negotiation status, a resolution strategy, and the objectives of the attorney's involvement.
What is the case referral?
300
This person is responsible for managing the fees and costs for a claim to ensure that the billing matches the agreed-upon action plan and budget provided.
Who is the Claims Representative?
300
If this discovery item does not further an immediate issue blocking resolution, the Claims Representative should consider waiting until a later phase to proceed with it.
What is a deposition?
400
Should this occur, the Claims Representative should defer to the defense attorney and properly document the attorney's recommendations in the claim file.
What is the protocol for when the Claims Representative and the defense attorney disagree on a task or strategy regarding the defense of the insured?
400
The resolution strategy that entails seeking additional information necessary to evaluate liability and/or damages.
What is the Discovery or Investigation Strategy?
400
This should be opened in ClaimsCentral as soon as a lawsuit is received, whether it is referred to a defense attorney for handling or not.
What is the Litigation Screen?
400
This should be provided by the assigned defense attorney, to contain a written initial litigation plan with a legal analysis of the information known to date to help formulate a tailored action plan on the file. The Claims Representative should also review this to ensure that it is in line with the agreed-upon action plan.
What is the 45-Day Evaluation?
400
A file action plan should address the timing of these activities, which can include time-limit demands, Offer of Judgment deadlines, discovery cut-off dates, expert disclosure dates and trial dates, to name a few.
What are key dates?
500
This should include reasoning for the action plan, clearly define budgets and deviations, and contain copies of all relevant documents, all key deadlines and all settlement offers made or received with rationale.
What is proper file documentation for a litigation claim?
500
A litigation action plan should consider this, which has two prongs: that expenses incurred are necessary to obtain a fair and prompt claim resolution, and that the cost to defend may exceed the cost of settlement.
What is cost-effectiveness?
500
A matter should be opened in this system for all claims that are referred to defense counsel, with the exception of Allstate Staff Counsel.
What is CounselLink?
500
This will be obtained no later than 60 days prior to the trial date, and should include an extremely detailed account of the status of the case. This will accompany the Lawsuit Report during 30 and 60 day conferences with multiple levels of Claims Leadership.
What is the pre-trial report?
500
These should always be considered, whether by direct negotiations or use of alternative dispute resolution methods.