Serving as national panel and coordinating counsel, Wilson Elser provides essential pre-suit advisory services to the insurer, insured and third-party administrator for a uniform defense approach that results in cost savings and efficiencies for all parties.

These services range from understanding and sorting through every aspect of the client’s operation, including complex corporate structures, parent/subsidiary distinctions, and the roles of numerous limited and general partners in each of the limited liability companies involved with each property. We review and assess third-party contracts for optimal risk transfer opportunities from a risk containment and mitigation perspective. With recurring accounts, we maintain a central library for management agreements, leases, vendor contracts, insurance endorsements and certificates of insurance.

As part of our pre-litigation platform, we ensure best practices are followed in the ordinary course of business to seamlessly coordinate recurring and repetitive discovery requests, as well as direct witness preparation and document production, to ensure there is a consistent and cost-effective way to avoid duplicative efforts and undue burdens placed on the client or its carrier. These pre-litigation reviews for risk mitigation and risk transfer optimization are key to formulating a concrete resolution strategy at the outset, which is critical to containing overall defense costs and streamlining the litigation activities. This is essential in general liability cases where discovery must be specifically directed to further the early identification of a definitive resolution strategy.

We also regularly conduct claims meetings with clients to review the case direction and resolution options and develop a consensus among representatives of the client, third-party administrator and insurer with respect to disposition or settlement strategies. In connection with these claims meetings, our objective as coordinating counsel is to ensure that there is a unified approach and end-game purpose to the risk containment and litigation strategy on each account.