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Who do you send a demand letter to? The insurance carrier, the insured, or both concurrently?
New York, NY
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Posted 4 months ago in Insurance
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I'm filing a demand / insurance claim in a professional negligence case involving property damage. I have verbally notified the insured of most issues involved in the demand, though some additional issues have been discovered since and many have yet to be repaired.
What is the correct process in this scenario? Can I concurrently send the insured notice of the claim and a settlement demand to the insurance company at the same time? Or do I simply send the demand and written notice to the insured, then follow up with the insurance company? - Is this your question? Add additional information Answers (1)
Jodi Felice Bouer
This attorney is licensed in New York and 1 other state.
Posted 3 months ago.
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If you know the identity of the insurer, you should consider sending the demand letter to the carrier and the negligent party. This way you lessen the chance that the insurer can deny coverage for lack of notice by the insured.
Word of caution: The terms of the negligent party's insurance policy will set forth specific notice requirements. It is possible that despite your sending the written demand to the insured and insurer, the insurer may still deny for lack of notice, if it was not informed of your previous verbal demand. |
