The Florida Bar

March 4, 1960

It is proper for an attorney for a claimant who is unable to settle the claim with the opposing party's insurance adjustor to communicate directly with the opposing party by letter, giving notice of intent to file suit and advising the opposing party to retain counsel.

Canon: 9

Chairman Holcomb stated the opinion of the committee:

A member of The Florida Bar requests a ruling as to whether it is improper for the attorney for a claimant who has been unable to obtain a settlement with an insurance adjustor on a personal injury case to send a letter to the insured stating:

Please be advised that your insurance company has refused to settle the above matter and we are therefore filing suit in same. I advise you to retain counsel for the purpose of handling this matter since our claim is in excess of your insurance.

There is nothing improper or unethical in sending such a letter or giving such advice since it certainly is good advice.

(One member of the Committee wishes this opinion limited to circumstances wherein the insurance company has not yet retained counsel.)

[Revised: 08-24-2011]