Mark A.W. Smith & Company
 Complexity, Simplified

A New Approach: Perfect Tender^©

Our Perfect Tender^© program is designed to save time and expenses for the parties to complex matters by addressing defense and indemnification issues early and decisively.

Perfect Tender removes the burden of  obtaining defense agreements from the lead defense counsel and puts it into the hands of professionals with long-standing insurance  coverage expertise.

How It Works

Defense counsel (or their carrier) assign the coverage issues to Mark A.W. Smith & Company. We work with the lead defendant and defense counsel to prepare the insurance matrix and coverage chart, send out the tender letters, and follow-up with the AI carriers. Because this is the only area of the case we are involved in, the process is both accelerated and focused – getting the data the AI carriers need to respond to the tender is our topmost priority.

Once the notice and information phases are complete, we convene an AI mediation to obtain a defense sharing agreement, and, whenever possible, a funding protocol for indemnity as well.

The Result

By resolving the AI issues early and paying close attention to the coverage issues throughout the life of the case, Smith & Company eliminate the late-blooming coverage disputes that often bog down the mediation process. A significant number of settlements advantageous to the defense and plaintiff are lost every year, because despite the value to the parties in making the deal, without the insurance carriers on board the opportunity is lost and the deal fails. Perfect Tender avoids this major pitfall and ensures the ability of the parties to reach mutually beneficial outcomes without such derailment.

Key Benefits

• Coverage issues are resolved early, allowing the parties to concentrate on the issues of the case.
• Coverage issues are resolved by mediators with coverage expertise.
• Usually there is no additional cost, since the time spent mediating the main issues of the case is reduced.

Send mail to msmith@smithclaims.com with questions or comments about this web site.
Copyright © 2003 KRS Communications, Inc.
Last modified: 06/01/04