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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />[Member's LetterheadJl <br />[Date) <br />[Attorney with Firm Name /Address) <br />Re: Case Name, Court Number, and Bicep Claim Number) <br />Dear <br />BICEP DEFENSE ATTORNEY(S) REPORTING REQUIREMENTS <br />Our City is a member of the Big Independent Cities Excess Pool (BICEP), a governmental <br />Joint Powers risk sharing pool that provides excess coverage to its member cities. BICEP directly <br />covers its member cities, and may also purchase commercial excess liability insurance or <br />reinsurance for them. <br />We have placed BICEP on notice of the referenced claim. Pursuant to agreements between <br />BICEP and our City, BICEP will monitor the claim and may take an active role in overseeing the <br />claim, litigation and settlement negotiations in cooperation with the City and you as its defense <br />attorney(s). Depending on the amount of potential damages, commercial excess liability insurers or <br />reinsurers may also become involved. <br />Under the agreements between BICEP and the City, you must adhere to the following <br />reporting requirements. Your reports, marked Conftdential Attorney Client Communication, should <br />be addressed to the City with copies to BICEP and, if applicable, commercial excess liability <br />insurers or reinsurers and monitoring counsel. <br />1. PRELIMINARY EVALUATION. <br />Within ninety (90) days of notice to BICEP of the claim or occurrence, your firm shall <br />submit a letter to the City captioned Preliminary Evaluation and containing the following <br />information under separate headings: <br />a. Brief Description of the Case. [A sentence or short paragraph will do.] <br />b. Procedural History <br />c. Trial and Settlement Conference Dates <br />d. Statement of Facts <br />e. Applicable Immunities <br />£ City's Liability <br />g. Plaintiffls Comparative Fault <br />h. Comparative Fault or Other Liability of Third Parties <br />i. Indemnification or Insurance Available from Other Parties <br />j. Damages <br />k. Litigation Cost Esrimate <br />1 Revise format to correspond to public agency <br />03-OS-06 2 1 <br />