Consider this, you've been hired as claim's coordinator for a utility locating company in TX. Your company's function is to find and mark the underground utilities in contruction areas to avoid damage to those utilties and potential outages. Please respond to the email below DENYING LIABILITY in the claim.
"Dear Utility Locating Company:
I represent Shady Tree Communications Inc. in recovery of their claim for restitution in the amount of $41,000.00. A loss, which occurred when a Comcast fiber optic line was damaged at the intersection of GudLawd Ln. and TunaFunk Ave. in Hellifino, TX., on 07/15/10. When this fiber was struck, it caused communication outages to Shady Tree's customers and affected their ability to do business
until such time as the service was restored.
We have contacted a Ms. Reckless, with Comcast's Risk Management Dept. who has directed us to you. Ms. Reckless indicates that your company was responsible for this damage for having failed to accurately mark the fiber optic line prior to excavation. Therefore, we are seeking restitution from UTILITY LOCATING COMPANY, in order to reimburse our customers for their losses.
Please remit payment within 30 days in order to avoid potential litigation. If you are insured, you may wish to forward a copy of this demand letter to your insurance carrier for consideration
Real E. Cheatem Wow, LLC
XXXXX Houston, TX. 77042"
The above is an example of a common (though fabricated) collections e-mail/letter, that would be routinely received by a local Claims Coordinator. The exercise here is not in knowing the law, contractual obligations or policy for the response. However, knowing these things would help to prepare a more accurate response. The exercise is mainly to determine written communication skills and how you would approach this response. Things to consider are:
1) This is an e-mail from a collections attorney, representing a company that we do not locate for.
2) The communications company represented leases lines from Comcast
3) The fiber was not on prints, and Comcast has not found us liable.
4) The Economic Loss Doctrine does apply in this case.