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Personal Injury and Insurance Claim Case in China

I have a personal injury case of my client, who is a foreign national working and living in China for many years. She is a business person doing business in China. She signed a power of attorney to me after being injured in an accident and then I became her attorney.  I have made policy demand to insurance company.  They came back with a ridiculous low ball offer.  Truly ridiculous.

Defendant has been served with a lawsuit (this week).  However, they are not yet represented by counsel, although I expect they will be at some point. I (through my associate) told  insurance company to put their insured on notice we will be seeking personal assets.  They either produce policy limit, or we go to trial and when I win (it is a rear ender with a clear record of treatment) we will go against personal assets of their insured.

I would like to represent my client to either:
a) have my associate on Monday confirm the same in a letter to insurance company, by letter, with cc to insured (who is, at this time, not represented by counsel).  OR
b) personally, not on my law firm letterhead, send insured a letter advising that my attorney has made a policy limits demand to his company, which they rejected, and if we go to trial, I have instructed my attorney (who is my associate) to seek judgment in excess of policy limits and seek his personal assets.

Review of rules of professional conduct do not seem to make this a violation of RPC, either in a) or b).  However, I would probably be pissed if it occurred to a client of mine.  Am wondering if I am being overly concerned, since, after all, he is not represented, and since, after all, there is no prohibition between parties to litigation corresponding.  Or, is it really a slimy thing to do (it feels like it is).

When I worked as staff attorney for insurance company 10 years ago, and a policy demand was made, a letter immediately went out to the client advising of same and of their right to retain separate counsel.  Should I just rely on that likely being done?

In some China case law, an offer to settle within the policy limits which is rejected by the Insurors makes the Insurors liable for the entire judgment regardless of the policy limits. 

Make reasonable effort to find out if there is an attorney on the case yet (call the Insurance  Co). Also state that in the letter. I usually send such letters with the summons when served. I suppose this what a China litigation lawyer would do.

 

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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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