Insurance Defense

Robinson, Kriger & McCallum is proud to be one of the state's oldest and most experienced law firms defending Maine's leading insurance companies in workers' compensation and civil litigation disputes.

We have two equally important and fundamental goals for our defense practice: first, that each attorney practice law at the highest professional level; and, second, that we retain the trust and confidence of our insurance clients by being responsive to their evolving needs. To earn this trust, we are constantly developing specific and innovative programs to meet those needs and are happy to discuss them at any time.

The following is a summary of some of the methods we have developed specifically for our insurance defense clients:

File Handling Procedures—Our objective is to form a partnership with the claims adjuster not only to gain the best possible advantage for the client, but just as importantly, to resolve the case as quickly and efficiently as possible. We believe that our firm's excellent reputation stems from our success in achieving these objectives.

An experienced Robinson, Kriger & McCallum attorney is immediately assigned to each new file, and prepares an acknowledgment letter outlining proposed strategy and recommendations to begin the process of working with the adjuster as a team. Thereafter, we send regular status memoranda and reports of depositions, conferences, hearings, and other significant events.

We stress to our attorneys the need to assist the adjuster in resolving cases as early as possible. Our attorneys are reminded to update advice promptly to clients whenever new information from discovery and investigation can give a fresh perspective on the likely outcome of litigation. This allows the adjuster to identify settlement opportunities and to close cases at the least possible cost. We recommend alternative dispute resolution whenever appropriate rather than trial. Overall, we respect and work with clients to maintain control over the costs of discovery and litigation.

Use Of Paralegals—We have pioneered the use of skilled paralegals to do as much of the preparation work as possible: investigation, medical file development, discovery, and witness contact. We try to restrict the involvement of attorneys to those areas where legal expertise is necessary: supervision, developing strategy, negotiation, legal research and writing, trials, and hearings.

Early Intervention—Robinson, Kriger & McCallum has developed several programs to assist a claims office directly with early intervention, staff training and innovative fee structures. We offer the following services to our civil litigation and workers' compensation insurance defense clients:

Claims Office Legal Consultant Services And On-Line Computer Communications—A senior Robinson, Kriger & McCallum attorney in the field (workers' compensation or civil liability) will come to your claims office on a regular basis for a file review day to analyze files before litigation. We have developed forms and systems to get the most out of these sessions. Usually one or two dozen files can be reviewed each day. The attorney follows each review with a brief File Review Memorandum summarizing the issues and offering recommendations for handling.

Clients utilizing this service find that adjusters develop greater ease and confidence in the law and with lawyers that enables them to control and even avoid litigation more effectively.

Robinson, Kriger & McCallum will, upon request, perform a legal audit of selected claim files, providing a written analysis of strengths and weaknesses. This is useful in preparing formal audits, minimizing practices susceptible to claims of negligence or bad faith, and assessing the need for additional staff training.

Wherever technically feasible, Robinson, Kriger & McCallum can also establish a link between your claims database and our computerized case management files. Attorneys and adjusters can communicate instantly and avoid time-consuming delays.

Staff Training & Publications—One or more Robinson, Kriger & McCallum attorneys will conduct training sessions, either in conjunction with file review or separately. These are usually in question-and-answer format covering new statutes, important cases, procedural rules, and general issues of claims handling and negotiation techniques.

Robinson, Kriger & McCallum also gives to its clients civil liability Client-Alert letters and our acclaimed publications in the workers' compensation field: COMP, "The Maine Workers' Compensation Journal," and The Adjuster's Guide. These publications are all provided free of charge to our major clients.

Innovative Fee Structures—In addition to competitive traditional hourly rates, we have offered volume discounts, flat rates by file or service category, and annual budget audits. We also periodically send reminders to civil litigation adjusters listing accrued defense costs and the most recent settlement evaluation, so they can determine if defense costs are justified by the amount at stake.

For a consultation with Robinson, Kriger & McCallum, call (207) 772-6565 or contact us online. Maine Pre-Paid Legal Services Members should call us for assistance.