Stop Loss Consulting

Many problems develop into expensive litigation before counsel are consulted.  That need not be the case.  The earlier qualified counsel are involved in the process, the better the chances a reasonable resolution can be achieved short of the courthouse door. In addition, input from experienced counsel on anticipated changes to policy language, MGU-Carrier Administrative Agreements, treaty provisions, TPA service contracts, and the like can be invaluable in heading off potentially expensive disputes before they arise.

A note about the attorney-client privilege:  Consultation with non-attorneys about stop loss issues is not protected from discovery by the attorney-client privilege. If litigation should later arise about the issue, all the communications between your company and the non-attorney may become evidence in the case.  This makes it difficult to be candid about the strengths and weaknesses of your position with a non-attorney.  Even if you are dealing with someone who is an attorney, but who does not work at a law firm as such, you should specifically confirm that that individual and your company have entered into an attorney-client relationship. Without that, not only might the attorney-client privilege be in jeopardy, but you may not be getting the protections that the ethical rules of all jurisdictions have which regulate the conduct of lawyers as to such issues as client confidentiality, conflicts of interest, and the like.

  • Thomas A. Croft, Croft Law LLC

  • 404-247-8181


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