Birdsall

BACKGROUND

The General Setting On August 13, 2020, Gary Birdsall, driving a commercial cargo van on the Bay Bridge, was stopped for traffic, when his vehicle was struck from the rear by a car driven by Barton Helfet. Within weeks, Gary and his wife Pamela (when referred to collectively, plaintiffs) retained attorney Jacob Shapiro. Mr. Shapiro learned that USAA Casualty Insurance Co. (USAA) insured Helfet, and by letter of October 5 advised USAA of his

2 representation. By letter of October 6, a USAA representative acknowledged Mr. Shapiro’s representation, confirming that USAA would “no longer communicate with your client,” further advising that, “[p]ursuant to [Mr. Shapiro’s] request,” Helfet’s insurance policy had “Bodily Injury Liability limits with a $100,000 per person maximum and a $300,000 per accident maximum.” On March 19, 2021, Mr. Shapiro sent to USAA claims handler Jason Thompson a letter that began as follows: “Our firm represents Gary Birdsall and his spouse, Pamela Birdsall, the plaintiffs in the above-referenced accident claim. This letter sets forth a settlement proposal for your company’s consideration. Our clients are making this proposal because they are in…