Ms. claim adjuster —

I spoke with you today regarding the above-referenced claim.  I’ll be brief.

This matter was reported to CDEFG Insurance as early as October 2015. Since that time both my client and I have made repeated unfruitful attempts to find out the status of her claim. These communications have been well-documented.  They include, among others, a written O.C.G.A. 33-4-7 demand for payment sent to CDEFG via Certified Mail, with a return receipt showing it was received by you on January 1, 2016 (Article Number 2534 1513 3668 9752).

Since October, CDEFG has provided no acknowledgment. And attempts to reach you have gone unanswered.

I recorded my conversation with you today.

 Though I am sure CDEFG will be able to locate its own recording, I look forward to sharing the audio file of our conversation as I conduct discovery into the bad faith claim I intend to assert against CDEFG Insurance.

In our conversation, you acknowledged that CDEFG had received notice of this claim as early as October. You further acknowledged receipt of my written January communication and admitted that nobody at CDEFG Insurance has made any attempt to reach me since that time.  You further stated that you were still “investigating” because you didn’t know whether your insured was driving the car.

Fortunately for my client, there can be no real question of liability in this case. 

Your insured driver struck a parked vehicle. He then exited and provided his phone number at the scene.

The CASE SUPPLEMENTAL REPORT (dated Oct 1, 2015) reveals that your insured’s vehicle demonstrated damage consistent with the claim reported by my client.

Moreover, as reflected in the CASE SUPPLEMENTAL REPORT, the assigned police detective will testify at trial that your insured driver admitted that he was driving.

Let me be clear. 

Georgia law does not grant you unlimited time in which to “investigate” a claim.  Liability here is clear, and a Georgia jury will find your insured liable by a preponderance of evidence.

A Georgia jury will also find that CDEFG’s failure to provide any communication or payment of this claim since October 2015 was in bad faith.

Attached, please find the lawsuit I intend to file against your insured on Monday.
Upon securing a judgment against your insured, we will bring an action against CDEFG for bad faith.

I advise you to govern yourself accordingly.

Regards,

Candice Blain, Esq., CPCU

Managing Attorney | Blain LLC

P.S. I have taken the liberty of copying Ralph Hudgens, Georgia Insurance Commissioner, as well as forwarding him my earlier correspondence with you, so as to facilitate his agency’s investigation into CDEFG’s bad faith practices and refusal to timely and fairly adjust property damage claims in the state of Georgia.

enc. <Draft complaint.pdf>