The following guidelines apply to counsel handling construction-related liability claims and (non-environmental) latent property damage liability claims on behalf of the Complex Claims Unit (“CCU”). Please consult with the claim professional at The Hartford (the “handler”) assigned to a particular case to clarify expectations.
Other applicable guidelines include:
- General Guidelines
- Ethics and Professionalism
- Protecting Confidential Information
- Medicare: Liability Matters involving Bodily Injury
- Staffing of Assignments
Billing Guidelines
- E-Billing for The Hartford Claims
- Billing Frequency and Timing
- Preferred Vendor List
- Billing - Frequently Answered Questions
Conflict Check for Potential New Assignments
Prior to a new assignment, the handler will contact the firm to check for any conflicts. The handler may provide a copy of the lawsuit, tender materials and/or a list of the parties involved. The firm shall advise in writing whether there is a potential or actual conflict by the end of the next business day.
Should a potential or actual conflict arise at any time, counsel shall promptly advise the handler and the client. Counsel shall promptly work to resolve any such potential or actual conflict of interest, which may lead to seeking conflict waiver(s) or transferring the case to a different firm.
Acknowledgment of New Assignments
Within one business day of clearing conflicts and confirming retention, counsel will acknowledge their acceptance of the assignment in writing. The acknowledgement should:
- Confirm acceptance of the assignment and the Lead Attorney for the matter;
- Confirm that an appropriate conflict check has been completed without adverse result;
- Indicate any immediately necessary information or documentation required to adequately protect the interests of the client and The Hartford.
Within 3 calendar days of retention, counsel shall make initial contact with the client by telephone and/or in writing. Even if initial contact with the client is by telephone, representation should be promptly confirmed in correspondence to the client that includes counsel’s complete contact information. Copy the handler on that correspondence.
Counsel shall comply with any case-specific reporting requirements and due dates identified by the handler as appropriate.
Litigation
Initial Litigation Action Plan, Budget, & Initial Assessment
- Within 14 calendar days of retention, counsel shall communicate with the handler to determine an initial litigation action plan.
- Within 30 calendar days of retention, and per the handler’s instructions, counsel shall submit a Defense Budget either (1) in Legal eXchange or (2) by using the >>>CLICK HERE>>> Defense Budget template. Counsel shall promptly update the Defense Budget with any material changes.
- Within 90 calendar days of retention, counsel shall provide in writing an Initial Assessment and Case Status Update in the >>>CLICK HERE>>> Case Status and Pre-Trial Report – CCU Construction for the handler’s review and comment that includes, but is not necessarily limited to, a summary of: the relevant allegations, the known facts, legal issues, claimed damages, potential settlement options, recommended next steps for potential resolution, and projected completion dates.
Immediately Reportable Events: Upon receipt, counsel shall report on and concisely analyze any and all relevant: scheduling orders, demands, amended pleadings, written discovery responses, depositions, changes in venue or judge, outbound risk transfer opportunities, settlement discussions, mediation dates, arbitration dates, trial dates, hearing results, motions, appeals, and any other material developments or information that could affect the client’s defense.
Case Status & Updates: At least once every ninety (90) calendar days thereafter, counsel shall contact the handler and the client and provide the status of the pending matter. For substantive updates, counsel should utilize the status report template, >>>CLICK HERE>>> Case Status and Pre-Trial Report – CCU Construction. As soon as practicable, counsel shall identify and communicate to the handler about key factual and legal issues, key depositions, discovery, experts, and motions needed to further resolution, and the most opportune times for settlement negotiations. If settlement authority is requested, counsel shall set forth the rationale for the suggested settlement value and for the allocation to the client as compared to other parties.
Documentation: Email is the preferred way to send documentation. Counsel should promptly provide to the handler any operative pleadings, the client's answer/responsive pleading(s), briefs filed in connection with substantive motions (dismissals, summary judgment and motions in limine), expert reports, pre-trial orders, trial memoranda (with exhibits, jury charges, etc.) and all papers filed in connection with an appeal. When counsel is filing any such papers, counsel shall forward them to the handler in advance of filing allowing sufficient time for review and comment. Counsel shall provide a concise summary of relevant deposition testimony and discovery, concluding with a concise analysis of how the client’s liability or exposure may be affected. In addition, counsel may also forward the handler a copy of an entire transcript, interrogatories and requests for production as appropriate. Counsel shall provide a copy of all relevant closing documents, including but not limited to any fully executed settlement agreement and court-stamped dismissal(s).
Motions & Legal Research: Counsel shall consult with the handler before undertaking a legal research project. Counsel should also advise the handler prior to filing any motions. Counsel shall provide the handler with copies of dispositive motions, the timeline/procedure for hearing/ruling, and relevant court orders.
Pre-Mediation & Pre-Trial Reports: Counsel shall complete the Pre-Mediation and/or Pre-Trial sections in the >>>CLICK HERE>>> Case Status and Pre-Trial Report – CCU Construction no later than forty-five (45) calendar days before any scheduled mediation and no later than sixty (60) calendar days before any trial date.
Negotiations & Settlement: Counsel shall promptly provide the handler and the client with notice of any settlement demand received. If a settlement demand is received, counsel shall confer with the handler about whether to make a settlement offer; if so, counsel shall discuss with the handler the negotiation strategy, proposed release terms (i.e. scope of release, confidentiality, anti-disparagement, payment timing, Medicare compliance, etc.), and the offer amount. If a settlement in principle is reached, counsel shall promptly inform the handler and the client and provide a draft settlement agreement for review and comment before it is finalized.
Expert and Vendors
Experts & Vendors: Generally, The Hartford encourages the early retention of experts and encourages their retention prior to any settlement negotiations. Counsel shall seek prior written approval from The Hartford for the hiring of experts or consultants. Any expert and/or consultant hired must meet the minimum qualifications in the industry.
Rates, qualifications, and scope of work should be discussed in advance with The Hartford in all matters. The Hartford will only pay for costs which are reasonable and necessary for the defense of the client. Factored into whether costs are reasonable and necessary are rates for similar work in the jurisdiction where the matter is pending. Also, it is expected that experts and consultants provide in advance a preliminary budget, including proposed fees and expenses. The Hartford will only pay for past work performed, as opposed to proposed future work, and such work must be adequately documented. Adequate documentation shall detail the amount of time performed on each task, in tenths of an hour, and shall have an adequate description of each task. Any fees and costs will be reviewed and paid as per the Billing Guidelines governing counsel. For example, in determining what items are payable in terms of travel and what receipts are necessary, the Billing Guidelines for attorneys should be followed. If prior approval is obtained, reasonable markups or surcharges may be payable, so long as such markups or surcharges are not related to the hiring of a subsidiary or affiliated company of the vendor or expert. The Hartford will not pay for markups or surcharges added by a subcontractor and will not pay for overhead charges of any kind.
Invoices should be submitted quarterly, or at the discretion of the insurer, monthly. The Hartford reserves the right to reject invoices which are more than six months older than the time incurred.