Form 2-1 Tender Letter (Notice)

CERTIFIED MAIL

[date]
[indemnitor’s name]
[address]

Re: [case name, court name, and number]

Dear ____________________:
Our firm has been retained to represent [indemnitee].
On behalf of [indemnitee], this letter serves as notice of the filing of a lawsuit against
[indemnitee] by the plaintiff, civil case no. [number], in the above court.
A copy of the complaint is attached as Exhibit A for your reference.
The claim made by the plaintiff is based on the following facts and events: [describe]
A trial date [has / has not] been set. [The case is currently set for trial in the [city],
[state]].
Pursuant to the [contract of indemnification, law of indemnification, or other
indemnification theory], defense of the action is hereby tendered to you, and demand is made
that you fully perform the indemnification actions placed on you, including defense of the action
and the payment and satisfaction of a judgment or settlement, if any, entered against, or agreed to
by, [indemnitee].
If you fail to accept the tender of the defense of this action, you are hereby notified of
[indemnitee]’s intent to hold you liable for the full amount of any adverse judgment rendered
against, or settlement agreed to by, [indemnitee].
You are further notified that if you fail to accept tender of this action, [indemnitee] will
look to you for full reimbursement of all expenditures, including attorney fees, expenses, and
disbursements incurred in defending [indemnitee]’s interest.
If we do not hear from you within [10 days / reasonable period after likely receipt] of the
date of this letter, we will undertake the defense of this matter and will look to you for
indemnification as above indicated.
Respectfully yours,

/s/__________________________
[lawyer’s name]

Enclosure
cc: Via Regular Mail

NOTE: See § 2.7-5 (how to tender).

CAVEAT: This form is illustrative only. Lawyers must depend on their own legal research,
knowledge of the law, and expertise in using or modifying this form.