Initial Evaluation Report (Required. This report is due to Citizens within forty-five (45) days of case or matter assignment. This report should include the following information necessary for an initial evaluation and the development of a case plan:
A) Facts (date and circumstances of loss, claim history, significant background information)
B) Damages
C) Preliminary Liability Analysis (anticipated defenses, legal theories, application of fact to theories, conclusions based on application of facts to theories)
D) Significant evidentiary issues
E) Discussion and justification of approved initial discovery propounded to date, including a timeline for anticipated dates of receipt of the opposing party’s responses, and recommendations regarding any additional discovery. It is expected that initial discovery will have been served on Plaintiff prior to the receipt of this report by Citizens.
F) Initial Case Evaluation including the strengths/weaknesses of case defenses including the anticipated likelihood of success, strengths / weaknesses of Plaintiff’s allegations, discussion concerning the strengths and weaknesses of the experts retained/used by all parties to the litigation.
G) Motion Practice (pending or anticipated motion(s), anticipated benefit and outcome)
H) ADR
I) Further investigation/other activities including but not limited to recommendations concerning the re-inspection of the property at issue in this case.
J) Case evaluation to date including but not limited to the development of a case theme for trial purposes.
K) Settlement opportunities and recommendations including offers made prior to suit being filed.
L) Projected completion date for initial phase
M) Projected budget tailored to specific litigation phase In First Party matters, it is expected that all approved discovery discussed in the report, including the deposition of the plaintiff/policyholder/homeowner, will take place within 90 days of assignment of the case.
