Don't

Law Practice

Dear Unnamed Insurance Company:

I appreciate the two subrogation referrals you sent to me this month, in which you asked me to recover blood money from teens who had attempted suicide in other people's homes.  Unfortunately, I must decline to represent you in these matters.  I shall return the files under separate cover.

My concerns are twofold, and fact-specific.  In claim #1, Tommy Tortfeasor came into possession of a pistol owned by your insured, from an unlocked cabinet.  While playing with the pistol, Tommy shot himself in the chest.  Fortunately Tommy's shot did not strike the heart, but it appears he lost about five pints of blood before EMTs arrived.  Miraculously, Tommy is alive.

In claim #2, Bill Badboyfriend got into an argument with your insured's daughter, his girlfriend, on prom night.  Bill (who carried a knife) slashed his wrists in the home, and while he didn't lose as much blood as Tommy, he was hospitalized for several days and then transferred to what I'll call, in my callousness, a mental institution.

In each of these claims, you wish me to recover moneys spent on replacement of carpets, drywall, and subflooring, as each of these young men managed, somehow, to turn himself into a geyser of blood.

I appreciate that times are tight, that your policyholders are counting on you to recover funds needlessly spent, and believe me I could use the money too.  Both kids have insured parents, and their insurance companies would be liable to pay for any negligently caused property damage, such as blood fountains.  Both boys were probably old enough to know that suicide is not reasonable, yet they attempted it anyway.

And yet, my first concern remains a strong one:  ARE YOU OUT OF YOUR FUCKING MIND?  You want to sue a kid who tried to kill himself, and it wasn't of the "cry for help – give me attention!" variety, but the OCEANS OF BLOOD SPRAYED ALL OVER THE HOUSE variety.  Don't you think he might try to kill himself again, when he gets sued for spewing blood all over your policyholder's house?  I know your policyholder doesn't want you to sue him.  It says so in the file.

My second concern is less strong, but still pertinent:  What do you think is going to happen when this gets out on the web, or a newspaper picks it up?  Do you think the damage to your company's good name, and its slogan [NOT REVEALED HERE BUT IT IMPLIES RELIABILITY AND KINDNESS] is worth five grand spent on a floor scrubber?  Sure, there's probably only a 10% chance of that happening, as the defense attorney won't want to publicize his young client's attempted suicide, but you never know.

On a personal note, I won't be the lawyer who has "no comment" when asked about this suit.

Please feel free to call me should you have questions or wish to discuss these matters further.  Again, I appreciate your referral, and regret that I will be unable to assist you with these claims.

Sincerely,

Me

Last 5 posts by Patrick Non-White

13 Comments

11 Comments

  1. Ken  •  Aug 10, 2010 @4:04 pm

    The greatest freedom as a lawyer is being able to say "hell, no."

  2. Patrick  •  Aug 10, 2010 @4:11 pm

    I didn't write this letter, but does reflect a telephone conversation I had today, pretty accurately.

  3. Transplanted Lawyer  •  Aug 10, 2010 @5:43 pm

    I agree with Heartless Insurance Company here that it costs about five grand to clean up or replace carpet damaged by fountains of blood. (Yes, I learned that defending a PI case with, shall we say, sensitive facts.) But the fact is, you did your client good service by being the grownup here because someone needed to do it, and obviously the thing made it all the way out of the subro department with no evidence whatsoever of any adult supervision.

  4. Derrick  •  Aug 10, 2010 @7:24 pm

    I know of only one insurance company that would make a subrogation claim like that.

  5. Patrick  •  Aug 10, 2010 @7:28 pm

    Those who know don't speak. Those who speak don't know.

  6. SPQR  •  Aug 10, 2010 @9:53 pm

    Actually I can think of two insurance companies …

    oh, and can I have the referral?

  7. Astonied  •  Aug 10, 2010 @11:46 pm

    Thank you for having the balls to say NO!

  8. Imaginary Lawyer  •  Aug 11, 2010 @10:26 am

    You mean there are insurance companies that wouldn't make a subrogation claim like that? Really.

  9. Scott Jacobs  •  Aug 11, 2010 @11:47 am

    Were I Unnamed Insurance Company, I would be more concerned in Claim #1 that a suit would prompt the parents of Tommy Tortfeasor would respond with a lawsuit to cover medical costs due to the wound inflicted by a weapon that wasn't locked up…

  10. Believer in Freedom  •  Aug 18, 2010 @3:45 am

    This attorney needs to be more professional and give this a deeper analysis, especially in the second example . An insurer has a fiduciary responsibility to its insureds. If, in case number two, the damages had been more extensive and the insured had a significant deductible (perhaps $1000 or $2500) the insurer would be abdicating its responsibility to its insured by not pursuing. Certainly, any attorney that fact – insurers have been sued by their insureds for failing to pursue subrogation

  11. Patrick  •  Aug 18, 2010 @3:59 am

    He may know more about an insurer's duties in the jurisdiction where he practices than you do, BiF.

2 Trackbacks