ClaimDeck Guidelines
You or your client* have invested in ClaimDeck, a collaborative web-based co-working platform, to assist the claim adjuster and defense counsel in achieving the constructive partnership and effective communication needed for the efficient resolution of claims.
ClaimDeck enables the the claims staff to be actively involved with the defense counsel and the insured in the evaluation, strategy and dispostion of cases.
The processes embedded in ClaimDeck assist in the early investigation, evaluation and appropriate disposition of cases. This is in the best interest of the client and the insured. These recommendations should not be taken as any form of instruction to limit the role of counsel or reduce the quality of the representation being provided. For further guidance regarding the use of ClaimDeck see the Terms of Service (www.claim-deck.com/tos), in particular the section “No Legal Advise Intended”.
* "Client" is the person or entity directing the handling of the matter on ClaimDeck. When used in the context of risk transfer, the “client” is the entity to which the risk and the right to direct the litigation has been transferred.
The Role of Defense Counsel
The duty to provide a defense to its client encompasses the expectation by both the insured and client that Defense Counsel will take appropriate measures to reach a prompt and fair disposition of the case, consistent with the interests of the insured.
Keeping the claim reporting current on ClaimDeck
With the implementation of ClaimDeck, you are adopting the reporting concept of real-time, self-help transparency. As events happen they should be reported by counsel in ClaimDeck. As legal work is performed it should take place within ClaimDeck or simultaneously be updated in ClaimDeck. This allows the claims adjuster to stay current on activity in a case and to review that activity at a time of their chosing. All claim activity should be recorded in the applicable fields in ClaimDeck within 5 business days of the event.
Each claim should be reviewed and re-evaluated frequently to determine the appropriate course of action if it can be resolved without further litigation.
Efficient resolution of claims depends on a constructive partnership and effective communication among Defense Counsel, the insured and the client.
Claim staff must be actively involved with Defense Counsel and the Insured in the evaluation, strategy and disposition of each case.
Early investigation, evaluation and appropriate disposition of claims and lawsuits are in the best interest of both the client and the insured.
Written communications between defense counsel and the claims adjuster should take place within the Messenger and Task & Requests features of ClaimDeck and not by e-mail or text.
When a claim is updated in ClaimDeck, the claim adjuster will receive a notification within ClaimDeck. When an update is done in compliance with one of the claim evaluation requirements, Defense Counsel should send a message to the Claims Adjuster in the Messenger feature of ClaimDeck for that claim informing them of the information in ClaimDeck that meets the client requirement.
Further information on the Roles and Responsibilities, Features and Use Stories regarding ClaimDeck can be found at:
Use Case: Claims Professionals
Best in Class Features: Legal Professionals
Best in Class Features: Claims Professionals
Training on the use of ClaimDeck is available at here.
Provide the information listed below as soon as it is available and no later than 45 days from the date of acceptance of the assignment. If this deadline cannot be met counsel is to inform the claims professional in Messenger and state the reason the deadline cannot be met and the date by which it is expected the information can be provided and set a task with that deadline.
New Matter Form
This is the initial form to open a matter in ClaimDeck. See Table 1 for information about each field.
Contacts
For these contacts to show up on the Matter Table, they must first be added to the Contacts module for the matter. This is critical in order to run reports based on each contact. See Table 2 for information on the types of contacts to add.
Additional Matter Information
Matter Synopsis: Intended to be one or two sentences that reflect the factual summary of the case and the insured’s relationship to those facts.
Current Resolution Strategy: Intended to inform on the current strategy to resolve the matter with the most favorable terms. The actions for the strategy should be represented in the tasks in the Tasks & Requests module.
Matter Overview: This is an area to provide the factual overview and analysis of the matter. Sections to include: Overview of Loss, Overview of Damages, Overview of Liability, and Other Pertinent Facts. Any information sharing requirements from the client that do not have a designated field in ClaimDeck should be added in the Matter Overview.
Matter Information: Here you can edit any data entered in the New Matter form and add the Date Opened.
Documents
Suggested documents at a minimum:
Claim file (separate policy to then add to Possible Coverages),
Any verdict research (to then add to Matter Valuation),
Any documents that inform damages (to then add to each damage as supporting information),
Any documents that inform liens (to then add to each lien as supporting information).
Throughout the life of the claim, upload any pleadings, discovery, motions, and dispositive documents.
Any document that you think it would be helpful for the client to have access to in collaborating on the handling of the matter.
Budget
It’s important to update the Billed Amount on the Numbers tab in order to keep the Billed to Budget accurate. ClaimDeck alerts users on a matter if no budget has been entered in 30 days.
Matter Valuation
ClaimDeck alerts users on matters if no matter valuation has been entered in 30 days.
Settlement Negotiations
ClaimDeck alerts users on a matter if no settlement negotiation has been entered in 30 days.
Tasks
To your tasks, add the client’s reporting deadlines set out in their guidelines. See Table 3 for tasks to add to your matters as checkpoints.
Messenger
All communication between the defense counsel and claims adjuster should happen through the Messenger feature rather than through email.