The Dovetail: Partnering In Litigation and Optimizing Outcomes

By John Kennealy – Vice President of Claims

It’s the news that turns any good day bad. One of your drivers calls in from the road – there’s been an accident and other motorists seem hurt. Perhaps someone’s fallen at a construction site and has been badly injured. You’ve alerted your broker and your broker has called in the claim to PLM. You’ve heard back from PLM and, in most situations, your claims professional has begun an investigation. The claims professional has asked your safety director or company representative for information, and you’ve supplied it. Things seem under control – and they are – but some time passes, and you’ve received a lawsuit. Again, you alert your broker. Now what?

While this may be a new and concerning experience for many of our insureds, it’s an everyday occurrence at PLM. We’re here to protect your assets, your interests, and guide you safely through the process. The very best way for PLM to accomplish this is to partner directly with people at your company who are best positioned to assist our efforts.

One of the first things PLM will do after you’ve received a lawsuit is engage a law firm to represent you. PLM uses many of the best defense firms in the country who have the experience and expertise to know the wood business. These firms have critical experience that will be needed, but they cannot act alone.

Our insureds play a vital role in achieving the best litigation outcome. As keepers of the information PLM will use to properly defend you, it’s critical that you cooperate fully with your counsel and that you act swiftly to support their needs. Your counsel may need to speak to or meet with many different employees to piece together the facts surrounding the accident. Similarly, your counsel may need to review your safety plan and discuss it with those responsible for implementing it. Through cooperation and collaboration, PLM, your counsel and you will be able to take all this information and from it, begin to craft a defense to the injured party’s case. Throughout a legal process called “discovery” there will be many occasions for you to work closely with counsel to explain company policy and procedure, provide information and craft responses to questions.

Perhaps the most important role you might play in the outcome of the case is during settlement discussions. This opportunity typically comes into play in higher-severity cases where your attendance and input signals to the other side that you’re invested in the process of ensuring fair compensation for injuries resulting from company negligence. Conversely, in cases where liability and damages are in dispute, your participation in trial preparation and attendance at trial signals to the other side that you are fully prepared to see matters through.  Either way, the more you participate in the process, the better chance for successful resolution.