Dear ,
We represent the interests of John and Jane White, whose 13-month-old daughter, Diane, asphyxiated and died on , as a result of being entrapped and strangled in the headboard cutout of a crib manufactured by your insured, .
The crib was manufactured in , at a time when [manufacturer] was fully aware of the risks of infant entrapment. The crib was clearly defective because it permitted an infant to become entrapped in the headboard cutout. In fact, our investigation has revealed at least five other cases of infant deaths as a result of the same hazard. In these circumstances we do not believe that there can be any debate about liability being reasonably clear.
Our clients have suffered a tremendous loss, since Diane was their only child and they may be unable to conceive again. All of their hopes for future support and comfort from their only child have now been lost. In addition, Mrs. White witnessed the tragic event when she found her daughter dying, still trapped in the headboard, only a short time after having put her down for the evening. The horror of what she observed caused her severe physical and emotional distress, the effects of which continue to afflict her.
(state code section) requires you to make a good faith effort to effectuate a prompt, fair, and equitable settlement of this case. Failure to do so will inevitably cause continuing financial and emotional hardship to our clients. We believe that $ represents the reasonable value of our clients' claims and we hereby offer to settle in that amount.
We understand that you have already had several months to investigate this case, and we have previously supplied you with relevant documentation verifying the facts outlined above. We therefore advise that our offer to settle will remain open for 30 days only and will thereafter (automatically) terminate. We shall then proceed to trial to recover appropriate damages while reserving our right to further relief, pursuant to Code section the bad faith refusal to settle this case. Please, therefore, give full and fair consideration to this offer to settle and let us hear from you shortly.
Thank you for your courtesy and cooperation.
Very Truly Yours,
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