Obtaining information regarding insurance coverage in the context of slip and falls, dog bites and the like, can be much more of a challenge. In a pre-suit posture, the tortfeasor is not legally required to provide insurance information – or even acknowledge the claim. However, there are some tips to improve the chances of obtaining this information. The best and simplest way to obtain information about insurance from a business or home owner is to send them a letter demanding the information. This should always be sent via certified mail, and lawyers should take efforts to ensure that the registered agent is similarly served if a business is involved. In this letter, it is useful to explain that insurance coverage may be available to avoid personal liability. This can trigger a sense of relief and self preservation in the recipient and prompt the intended outcome of notice to the insurer.

There will inevitably be holdouts – which can be indicative of a lack of insurance, but practitioners should be wary of tortfeasor’s “trying to call your client’s bluff.” Another useful tip is to look through Court filings involving the tortfeasor and/or business to identify past or current legal counsel. Oftentimes, a simple call to counsel will accomplish your goal in a simple and straightforward manner. More extreme options include hiring an asset research or insurance tracing company or just filing suit. One other useful tool is to search land records for mortgages – as most mortgagors will require that you have insurance in place. As with any good investigation, tenacity, ingenuity and persistence often pays off here.