What To Do When You Have A Liability Loss (Bodily Injury or Personal Damage)

Reporting the Loss

Any incident involving bodily injury must be reported immediately regardless of the nature and extent of the injury. This will protect you from a “late notice” situation should a claim be presented at a later date. It will also provide the insurance carrier with the opportunity to decide whether or not an investigation is appropriate. This is crucial to the insurance company’s ability to defend against claims and lawsuits. The majority of personal injury lawsuits are filed months or even years after an incident occurs. Without the benefit of any investigation and documentation, the carrier will be at a distinct disadvantage in defending and mitigating the claim. (Please refer to the “Incident Reporting FAQ’s” for suggested handling.)

Incidents involving damage to property of others should include the name, address, and phone number of the claimant, and a detailed description of the damaged property.

Photographs

Photographs depicting the location of the incident should be taken as quickly as possible to preserve the evidence. Photos should show the location and/or alleged defective condition from multiple angles. If possible, the injured party should identify and confirm the exact location where the incident occurred. We recommend that property managers be provided with a disposable 35mm flash camera, or a digital camera for this purpose.

Eliminate the Hazardous Condition

After your insurance carrier has investigated the incident and had the opportunity to inspect the property, the dangerous or defective condition should be repaired or eliminated to prevent a recurrence.

Lawsuits

Lawsuit papers (Summons and Complaints) must be hand-delivered or sent by overnight mail. In the transmittal, identify who was served with the papers and the date of service. Also include any contracts, leases, certificates of insurance, or by-laws that will assist the insurance carrier in responding to the lawsuit. Time is of the essence on all litigation so please expedite this process. Make sure to diary that you've received a confirmation from us or the carrier that the papers were received.

Communication

Any contact by or communication from an attorney or private investigator representing an injured party should be referred to your insurance carrier. Cooperate fully with any adjuster or attorney representing the insured or the insurance carrier.

Claims should be reported using a standard General Liability Notice of Occurance/Claim.

Report claims to:

Claims Department
The Distinguished Programs Group
6 East 43rd Street, 15th Floor
New York, NY 10017-4609
888-355-4626
212-297-3131 (fax)
dpgclaims@distinguished.com