§ Form 13.10 Notice of Insurer's Intent to Bring A Subrogation Action Pursuant to Rule 17(C)

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Form 13.10 Notice of Insurer's Intent to Bring A Subrogation Action Pursuant to Rule 17(C)

    To:                                                                                                                                      (date)

         Name
    ______________________________________
        Address

    You are hereby notified that the (name of insurance company) intends to [commence an action] [assert a  counterclaim] in your name for damages sustained by you on (date), and for which you have been wholly or partially reimbursed by (name of insurer).

    If you, your spouse, or minor dependents sustained personal injury or other loss as the result of the occurrence and you wish to file suit therefor, Rule 17(c) of the Maine Rules of Civil Procedure requires you to notify the undersigned in writing of your intention to do so within 10 days of the date of your receipt of this notice.

    IMPORTANT NOTICE: IF YOU FAIL TO GIVE NOTICE OF YOUR INTENTION TO FILE SUIT WITHIN 10 DAYS, THE (name of insurer) WILL FILE SUIT IN YOUR NAME SEEKING TO RECOVER ONLY THE AMOUNTS IT HAS OR IS OBLIGATED TO PAY YOU UNDER THE TERMS OF ITS POLICY. THIS MAY WAIVE YOUR RIGHT TO RECOVER FOR ANY UNINSURED LOSS, INJURY OR DAMAGE IN THE FUTURE. IF YOU HAVE ANY QUESTIONS CONCERNING YOUR RIGHTS YOU SHOULD CONSULT AN ATTORNEY.[FN2]

                                                                                                                                                                           Yours very truly,
[name of insurer] by: ________________________________________________________________________________[name][title][address]
                                                                                                                                                                                                    [OR]

                                                                                                                                                                                    Yours very truly,

Attorney for (name of insurer):________________________________________________________________________________ [name

                                                                                                                                                                            of attorney] [address]

    [FN1] Previously Form 32.

    [FN2] To be printed in bold faced type or underlined.