Service Level Agreement (SLA)
1. Introduction
1.1. This document sets out the minimum requirements that an Insurer can expect
through using MTA Solicitors LLP as a panel solicitor defendant claims handling services.
2. Quality and Service Standards
2.1. MTA will work within the following quality standards:-
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Written acknowledgement of instructions by letter or email and take any initial
action required to protect the insurer
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Within 24 hours
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Respond to all post within 7 working days.
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7 working days
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Respond to all urgent post on the day of receipts of within 24 hours
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24 hours
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Provide an initial Case Plan and overview in the format set out at Appendix A to
be sent to the Insurers file handler for discussion/agreement
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Within 10 working days of receipt of instructions
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Make Part 36 offers on any litigated file within 21 days of the defence being entered
such offer to reflect the minimum realistic value. In the event of Judgement already
having been obtained offers to be made within 6 weeks of initial instruction
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21 days
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Provide a quarterly case update confirming the position of the case to include action
taken to date and further immediate action to be taken.
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Quarterly
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Notify the Insurer of any developments significantly affecting agreed tactics or
the reserve within 10 working days of the developments.
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10 working days
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Provide Interim bills quarterly on all non fixed fee matters.
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Quarterly
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Notify the Insurer of any written complaint received from the policyholder within
1 working day of the complaint being received.
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1 working day
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3. Reserving
3.1. MTA is aware that reserves are extremely important to Insurance Companies and
we will do our best to ensure that the reserve advice you receive is accurate and
correct from the information we have in our possession. Reserve advice will also
be updated as further information is received.
3.2. MTA will be guided by the specific requirements of the Insurance Company and
follow their reserving philosophy.
3.3 When advising on levels of reserve, a full break down will be providing confirming
the constituent parts of each reserve. Reserving will be based on a high/low basis
with the final reserve being the ‘realistic value’.
4. Settlement of Cases
4.1. Our aim is for early resolution of all third party claims by either accelerating
the liability debate or resolution of quantum.
4.2. We will explore all reasonable means to resolve cases at an earlier stage if
it is to the Insurer’s overall financial advantage to do so. We will take a pragmatic
view and consider disposal at an earlier stage to avoid a risk of future adverse
developments.
4.3. The philosophy of the Pre-Action Protocol and the CPR will be adopted in all
cases to ensure progression of the case to an early resolution. Our collective actions
and conduct will be taken in a manner which is conducive to early resolution of
issues between the parties with the aim of settling the case without the need for
a full trial, where possible.
4.4. At all times we will protect the best interests of the Insurer through early
Part 36 offers or the use of tactical procedural steps to progress an action.
5. Case Management
5.1. MTA Solicitors LLP will: -
5.1.1 Ensure each case is logged onto our case management system and allocated a
case reference number.
5.1.2 Operate a diary system to ensure cases are managed effectively and the case
handler is and remains at all times fully aware of the developments on each case
and response quickly and efficiently to them.
5.1.3 Provide an immediate update to the Insurer in the event of a reserve increase
being required or a case deviating from any agreed path. This applies in particular
when a detailed action plan has been agreed which we are responsible for implementing
this plan and due to changes in the case such action is no longer appropriate or
possible
5.1.4 Use Counsel only where necessary and when agreed with the instructing Insurer
5.1.5 Communicate effectively with the Insurer client to avoid misunderstandings
and conflicting views on the handling of the file.
5.1.6 When advising on liability and tactics, bear in mind the values at stake.
5.1.7 Make early and effective use of Part 36 Offers to ensure the Insurer gains
maximum costs protection.
5.1.8 Make effective use of applications for specific disclosure and/or interim
directions/Case Management Conferences (CMCs) to ensure cases proceed in accordance
with our collective requirements.
5.1.9 Ensure where practical all directions and court orders are complied with and
where this is not possible apply to vary the direction or order to ensure we are
able to comply.
5.1.10 when required, provide copies of all procedural documents.
5.1.11 MTA will ensure that only appropriate personnel manage the cases on behalf
of the Insurer will be agreed and provided to the Insurer and updated annually or
as required.
6. Account management
6.1. At all times David Green (CEO) or John Walker (Litigation Manager) will remain
responsible for the relationship with the Insurer. An account manager will also
be appointed by MTA who will be responsible for managing the day to day activity
on each case and take direct responsibility and supervision for the MTA case handlers
managing the Insurer’s work.
6.2. To ensure consistency of performance standards there will be audits and reviews
of not less than 3 cases per fee earner per quarter. .
6.3. In the event that the Insurer has an issue with the MTA case handler this should
be initially addressed at case level. In the event the issues cannot be resolved,
the Insurer should contact their account manager, John Walker or David Green.
7. Billing
7.1. MTA Solicitors LLP will agree a billing policy which suits both us and the Insurer
client.
APPENDIX A
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Initial / Interim Case Plan
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Insured:
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Claim No.:
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MTA File Handler:
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Claimant:
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Our Ref.:
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Fee Earner:
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Cost Category:
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Date of Accident:
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Date of Previous Case Plan (if applicable):
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Indemnity:
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Liability:
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General Damages:
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Special Damages:
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Future Losses:
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Potential Counterclaim:
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Action points:
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Reserve (including all costs):
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Date:
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Signed:
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