New assignments should be acknowledged to the claim handler by Counsel, in writing, within 24 hours. 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 from The Hartford in order to adequately protect the interests of The Hartford and its insured.

Counsel shall promptly advise The Hartford of any potential conflict of interest (whether at the time of assignment or as may be determined at any other time), and it is within the sole discretion of The Hartford whether any conflict of interest can be resolved by disclosure and waiver, or whether the matter should be re-assigned to other counsel. Counsel should not seek waiver of conflict by a prospective insured/client without agreement by The Hartford with particular sensitivity to positional conflicts arising out of Counsel’s past and current representation of adverse interests.

Counsel should promptly advise the insured of representation upon referral by The Hartford. While initial contact may be made by telephone due to circumstances of the particular matter, the representation should be confirmed by appropriate introductory correspondence on the firm’s letterhead that at minimum, provides the insured/client with contact information. Initial contact with the insured is expected within 24 hours of assignment/retention by the Hartford.

Initial Action Plan Conference: An initial teleconference should be conducted between counsel and the claim handler within 14 calendar days of the initial suit transmittal. This initial conference shall include, but is not limited to, a discussion of known facts, legal issues, potential damages, potential settlement options and an agreed  plan of action. This will identify the agreed action items and projected dates of completion. Reasonable efforts should be made to complete the items identified on the Action Plan in a timely manner, consistent with all venue requirements.

Case Reporting: Generally, all reports should be in writing. The preferred method of transmittal is via email. 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 should be provided. When defense counsel is filing any of such papers, we would appreciate receiving them in advance of filing allowing sufficient time for meaningful review and participation. Key deposition transcripts should also be forwarded in “min-u-script” format or electronically. Key exhibits (“hot documents”) should be provided as soon as possible.

Counsel shall provide its Initial Case Assessment and Budget on the below templates within 45 days of assignment unless otherwise directed by the insurer. 

• Initial Case Assessment should include a summary of the allegations in the complaint, the factual basis for the litigation, counsel’s review of the complaint with the insured, coupled with the preliminary investigation and research.  A tentative “theory of the case” should be established addressing liability defenses, loss causation, preliminary damage estimates and potential third-party recovery.
• The Resolution Plan should update the 14 day action plan and identify the key factual and legal issues needing resolution, the key depositions, discovery, experts, and motions needed to further their resolution, as well as an estimation of the completion date for each activity, and the most opportune times for a settlement favorable to the insured. If e-discovery and/or document management systems or processes are contemplated, a precise description of the system, process, or vendors, together with expected costs, should be identified. 

>>>CLICK HERE>>>  The Budget

• The Budget should be segmented by the uniform billing activities and tasks codes promulgated by the ABA. Any significant revisions to such Litigation Plan and Budget should be immediately reported.
• At the end of the budget, counsel should also provide line items for the following:
  • • total billed to date
    • total reimbursable after review
    • total SIR/Deductible payments received to date from the Insured (if applicable)
• Please provide initial budget only through discovery unless otherwise instructed by the claims consultant.

Subsequent Developments:  Generally, counsel should periodically update reporting on the same templates for  >>>CLICK HERE>>> Initial Case Assessment, Mediation, Trial Report, and  >>>CLICK HERE>>> Budgeting at least every 90 days on the status of the pending litigation or upon a significant development in the case that materially changes the evaluation, whichever is sooner. Defense counsel should communicate with the claims professional informally regarding the day-to-day management of each file on regular basis; however, at no greater interval than 90 days. 

Immediately Reportable Events: Generally, counsel should immediately report any scheduled dates for arbitration or trial, any settlement or time limited demand, any results of hearings, motions or appeals, any scheduling orders, amendment to pleadings, change in venue or judge, discovery “surprises” and “hot” documents.