Q: Declaration of Assets, Insurance & Employment under penalty of perjury from claimant's attorney

A: You don't have to disclose your assets, other than insurance limits, even during litigation, unless punitive damages are sought.

A: Your message comes from Troy, Michigan, but you are asking California lawyers to opine in your matter. I don't know too many Michigan lawyers here in California, but I do know that you have different rules which apply based on your residency in Michigan. I can't render any legal advice to you because I'm not familiar with Michigan law, but can tell you that you have an obligation to cooperate with your insurance company during their investigation and handling of your claim.

You should direct your inquiries to Michigan lawyers.

A: You are not legally required to complete the declaration form since litigation hasn't begun. However, understand that refusing to provide this information might impact settlement negotiations and could push the case toward litigation, where you would likely need to disclose this information anyway through discovery.

The insurance company's request for this declaration is a standard practice when claims approach policy limits. They're trying to evaluate the full financial picture to make informed decisions about settlement strategy. Keep in mind that if the case does go to litigation, the plaintiff's attorney can obtain much of this information through legal channels.

Your best approach might be discussing this with a personal injury defense attorney before deciding. While completing the form now could feel invasive, it might help facilitate a settlement within policy limits and avoid costly litigation. Consider the potential costs and stress of litigation versus the discomfort of sharing financial information at this stage. Remember that any information you provide must be truthful since it's under penalty of perjury.