ETHICS OPINION 544-1965 IMPROPRIETIES

NUMBER 544

QUESTION.

IMPROPRIETIES

(DIRECT COMMUNICATION WITH

(INSURED ADVERSE PARTY PROPER

(UNDER CERTAIN CIRCUMSTANCES

(WHEN INSURED IS NOT REPRE

(SENTED BY ATTORNEY

 

Reference is made to your Opinion No. 531.

 

Please advise whether the answer would be the same if the words “of his legal rights” were omitted and replaced with the words “his intention to seek recovery of any verdict in excess of the insurance coverage from the personal assets of the insured.”

 

ANSWER.

 

It is our opinion that a letter written by claimant’s attorney to the insured, before he is represented by attorney, that claimant intends “to seek recovery of any verdict in excess of the insurance coverage from the personal assets of the insured” would not be unethical, However, such letter would be improper after the insured is represented by attorney.

 

Dated: July 27, 1965