Form 2-2 Tender Letter (Defense)

CERTIFIED MAIL

[date]
[indemnitor’s name]
[address]

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

Dear ____________________:
On behalf of [indemnitee], we tender the defense of the above-entitled action to you. If
you refuse to defend [indemnitee] in this case, [indemnitee] will seek indemnity of any amounts
that may be incurred by way of expenses, disbursements, or other expenditures of any kind or
type in connection with the settlement of this case or the satisfaction of any judgment, or which
may be incurred and paid in connection with the investigation, defense, trial, and/or appeal of
this case.
Enclosed with this tender is a copy of the plaintiff’s complaint.
In consideration of your assumption of the defense of this case, [indemnitee] will fully
cooperate with you.
Please advise this office of your decision no later than [10 days / reasonable period after
likely receipt].
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.