Kabateck LLP founding partner Brian Kabateck and Senior Associate Barret Alexander’s article, “A Personal Injury Lawyer’s Guide for Issuing Demand Letters and Opening Third Party Policies,” is featured in the November/December 2025 issue of Consumer Attorneys of California’s Forum magazine.
The article provides a comprehensive roadmap for opening third-party insurance policies, exploring the legal framework, process, and key considerations for personal injury attorneys. Brian and Barret examine how demand letters impact third-party policies, the role of the Implied Covenant of Good Faith and Fair Dealing, and critical distinctions in representing insured tortfeasors versus injured victims when navigating bad faith claims.
The article covers essential topics including the requirements for prelitigation statutory demand letters under Code of Civil Procedure section 999, post-litigation demand strategies, common mistakes to avoid, and what constitutes unreasonable conduct by insurers. Brian and Barret also provide practical guidance on pursuing bad faith actions and navigating the discovery process in these complex cases.