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The following is list of legal and insurance coverage issues dealt with over my career.
Evaluation of TPAs and claims handling in general is similar. All the pertinent facts and contracts need to be gathered and then from that a goal must be established to work towards a realistic and cost effective solution.
Mr. Keyser’s experience has been that one specific counsel or handler should be hired and only associates work on the file at his direction with client approval. Cases should not be assigned to law firms in general as there are good attorneys in so called bad firms and bad attorneys in so called good firms. A specific attorney needs to be assigned. Hourly rates are deceptive. Some attorneys charge long hours for mundane work at low rates. Other attorneys charge a higher rate but their work is more focused and effective. Most importantly, does the attorney have the expertise in the area to provide the proper legal advice to the client? Is it better to have an attorney spend three hours at $250 an hour for advice that is worthless or worse moves the case in the wrong direction or three hours at $500 an hour for advice that puts the proper direction towards a quicker resolution of the case?
Mr. Keyser’s experience in this area means he has insurance coverage counsel contacts, defensive counsel contacts, and other insurance industry contacts, to locate the proper attorney or claims handler for a file. The same analysis is also available to evaluate an attorney that has been previously handling a case.
This expertise alone will help your organization manage your claim files towards a strategic solution and save litigation costs.
Our philosophy is to do a detailed analysis of contractual and tort relationships of the parties involved, assess damages or injuries, apportion fault objectively across potential parties, evaluate all insurance coverages that may be available to all parties and using all this information proceed toward a desired resolution as quickly as possible. The attorney or handler appointed should always be proceeding in the same direction with this analysis. Without this coordinated effort, Mr. Keyser has found that there are continual disagreements about how the litigation or how the claim should progress. For attorneys, Mr. Keyser has found through the years that there is a difference between a litigator who files countless motions, interrogatories, takes endless depositions, and a counselor who is strategizing a long term goal for his client. For claims handlers, there needs to be a focus to some long term goal to minimize administrative expenses.
Where does one find the proper attorney? Not necessarily in large firms usually as a case may be handled by multiple attorneys and no one is responsible for the overall direction. Attorneys that advertise themselves as “litigators”? Not necessarily. Mr. Keyser has had numerous experiences with attorneys that perform all types of discovery and then at the last minute before trial “discover” some new information that changes the case outlook such that the case should be settled immediately. Why is that? The answer is that even a law student can take depositions and file motions but the real work of a case is in the actual trial of the claim. When real thoughtful work is required these litigators bail out. In the alternative, it may be that ineffective discovery never pinpointed early on information needed to properly evaluate the case.
Mr. Keyser’s extensive experience in handling all types of claims has in turn given him extensive experience in the selection and evaluation of counsel and general handling of claims, such as by a TPA.
While it is preferable to try to avoid legal costs whenever possible, in many situations that is not possible such it then becomes important to find the appropriate counsel for the type of claim or litigation involved.
Attorney and TPA claim handling evaluation and selection is a difficult process and there is no simple formula for its implementation. However, the most important consideration is to find an attorney or handler who has the same approach to the claim as the claim representative, such as in this case Claims Attorney Consultants.
Mr. Keyser is a graduate of Marquette University Law School and has been a licensed attorney in...
Mr. Keyser’s extensive experience in handling all types of claims has in turn given him extensive...