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DOLF a.k.a. Defense of Litigated Files

DOLF a.k.a. Defense of litigated files is the Allstate Insurance Company program that applies to selected lawsuits, the purpose of which is to expedite behavioral changes in the marketplace. Allstate will presumably make its best settlement offer, after which, if the case does not settle, the carrier will defend to the end (absent very unusual changes in the potential exposure presented by the lawsuit). The program guidelines specifically indicate that there will be no increase in the settlement offer or change in the defend position, absent a material change in the facts as presented to the carrier. The file handler will close his/her claims file, the net effect of which is to preclude either plaintiff's counsel and/or counsel for the client/policyholder from communicating directly with the company in an effort to discharge their respective responsibilities to their clients as well as to the court. Essentially, after the adjuster makes his/her firm offer, the adjuster no longer "adjusts" the claim. The primary problem presented by this program is at the policyholder level. The Allstate policyholders are unknowingly placed at great financial risk under this defend to the end policy. Allstate defense counsel are encouraged not to attempt to resolve the lawsuit against their client, which is contrary to a number of their professional and ethical obligations! 

In some states, it is also referred to as "MIST," or "Minor Impact Soft Tissue" cases. The cases typically involve low-impact crashes with little property damage, where the plaintiff claims injuries to the neck or back - the classic whiplash case.

 

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Favorite Quote:  "I see in the near future a crisis approaching that unnerves me and causes me to tremble for the safety of my country...  Corporations have been enthroned and an era of corruption in high places will follow, and the money power of the country will endeavor to prolong its reign by working upon the prejudices of the people until all wealth is aggregated in a few hands and the Republic is destroyed."   - Abraham Lincoln -  Nov 21, 1864

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