Terms of Service | Red Folder Research

RED FOLDER RESEARCH, LLC
PO Box 587, Meridian ID 83680
Phone: 208-401-5698

1. Notice Regarding Insurance Tracing Requests

By submitting any request to Red Folder Research and/or Red Folder Investigations, LLC (collectively, “RFR”), the Customer expressly acknowledges and agrees to be legally bound by the terms set forth in this Agreement. The Customer affirms that they have read, understood, and accepted all provisions contained herein. These Terms and Conditions apply to all services performed by RFR, including but not limited to insurance tracing, liability limit searches, and policy existence verifications, and govern all present and future engagements between the Customer and RFR.

1A. Attorney Direction, Authorization & Agency Acknowledgment

Red Folder performs services only under the written direction of licensed attorneys. A submission through the Red Folder Client Portal or any approved Request Form, along with acknowledgment of these Terms, serves as the attorney’s instruction to proceed. By submitting a case, the attorney confirms that:

The matter and relevant parties are clearly identified.
The correct jurisdiction has been provided.
The investigation is necessary for the legal matter, and efforts have been made or will be made to obtain liability limits directly from the insurance company.
The request relates to concerns about nondisclosure, concealment, misrepresentation, or potentially inaccurate insurance information.
The work requested is limited to insurance-related facts needed for the case.
The engagement aligns with the attorney’s professional duty to obtain all information relevant to the representation of their client.

The attorney also acknowledges that Red Folder will not begin any insurance investigation until the subject of the inquiry has been positively identified and verified to a reasonably high confidence level.

By submitting a request, the attorney—or an authorized agent acting under the attorney’s direction—authorizes Red Folder to act as the attorney’s limited agent solely to obtain skip-tracing, identity-verification, and related investigative information from third-party data vendors or contractors. The attorney remains responsible for the basis of the request and for ensuring required client permissions have been secured. Red Folder may rely on these representations.

All services performed by Red Folder are undertaken at the direction of counsel for the purpose of assisting in litigation evaluation, case strategy, and related legal decision-making. Any reports, findings, or communications generated by Red Folder are intended for use by counsel and their client as part of internal case assessment and are not intended for disclosure, reliance, or use by third parties.

2. Fees & Billing

2.1 Terms of Business

All invoices issued by RFR are payable on net fifteen (15) day terms from the date RFR delivers the requested results to the Customer. Delivery shall be deemed complete upon submission of results via the JIRA Client Portal or by email, and upon submission of the invoice via the JIRA Client Portal or via email from QuickBooks.

A fifteen (15) day grace period will apply following the due date. Invoices not paid by the end of this grace period are subject to a one-time late fee of twenty-five dollars ($25). Thereafter, for every thirty (30) day period during which the invoice remains unpaid, an additional late fee of fifteen percent (15%) of the total outstanding balance—including any previously assessed late fees—will be applied.

If an invoice remains unpaid for more than sixty (60) days, RFR reserves the right to initiate collection actions and pursue all available legal remedies. RFR further reserves the right to suspend all services to the Customer, and to charge the full outstanding balance, including accrued late fees, to any payment method on file, without prior notice. All approved Customers must maintain a valid payment method on file with RFR at all times.

2.2 Fees Quoted

Fees are assessed per policy researched and are determined based on the type of product confirmed through RFR’s research, not solely on the type of product initially requested.

2.2.1 Determination of Applicable Product

If the Customer requests one product type but RFR’s research confirms a different policy type, fees will be assessed based on the policy confirmed. For example, if the Customer orders a Personal Liability Limits search but the policy is determined to be a Commercial Policy, the Customer will be billed at the Commercial Policy Limits rate.

2.2.2 Policy Limits Requests

These searches are billed per policy researched, regardless of whether coverage is ultimately confirmed, denied, or excluded. A successful result includes any verification of policy limits or confirmation that the policy was not active on the Date of Loss. Only an inconclusive result—such as when the insurer fails to respond and coverage cannot be confirmed or denied—will result in a no-fee outcome.

2.2.3 Policy Existence Requests

These searches are not conducted on a “No-Find, No-Fee” basis. A Policy Existence fee is charged for all successful searches in which a policy is located and verified. The type of policy located will determine the applicable published fee. For example:

If a personal auto policy is located, RFR will invoice for Personal Policy Existence. If a personal policy is located with a Specialty Carrier, RFR will invoice for Personal Policy Existence – Specialty Carrier.
If a personal policy is located with Automobile Club of Southern California or The Interinsurance Exchange of the Automobile Club, RFR will invoice for Personal Policy Existence – SAAA.
If a commercial policy is located, RFR will invoice for Commercial Policy Existence.

A No Hit—where no policy is found—will result in a Policy Existence No Hit Fee.

If RFR is able to identify a valid policy but cannot verify the liability limits on the Date of Loss, RFR will provide available identifying information (including the insurer’s name, policy number if available, and policyholder’s name) and will invoice for a Policy Existence Partial Hit Fee.

2.3 Exceptions to the Fee Schedule

In cases requiring extended research due to the age or complexity of the matter, RFR reserves the right to assess additional fees. Any such fees will be clearly itemized and communicated to the Customer in writing for approval prior to the commencement of work.

2.4 Incomplete or Inaccurate Information

If incomplete, inaccurate, or outdated information is provided by the Customer at the time of the request, and such deficiencies materially impact the scope or duration of the research required, RFR may assess additional fees. RFR will notify the Customer of any such adjustments prior to charging.

2.5 No Charge Policy

The Customer will not be billed if RFR is unable to determine either (a) the applicable policy limits of a policy confirmed to be in effect on the specified date of loss, or (b) the absence of coverage on the specified date of loss. If RFR confirms that no coverage existed on the date of loss, RFR will report the limits as “Policy Not Active.” This shall constitute a successful result and is fully billable. A liability limits request shall only be non-billable if RFR cannot definitively determine coverage or policy limits.

2.6 Partial Information

In the event RFR is able to identify only part of the information requested, the Customer will be billed solely for the portion delivered. For example, if the request includes identification of the insurer, policy number, and liability limits, and RFR is only able to identify the insurer, the Customer will be billed only for that portion in accordance with the Fee Schedule.

2.7 Turnaround Times

Standard turnaround times for liability limit trace requests are estimated at five (5) to seven (7) business days. For policy existence searches, the standard turnaround time is seven (7) to ten (10) business days.

All stated turnaround times are non-binding estimates and are provided solely for general reference. They are not guaranteed, and delays in turnaround shall not constitute a breach of this Agreement. Delays in service delivery shall not entitle the Customer to withhold payment or receive a discount, except where RFR has explicitly agreed in writing to waive fees as a result of a delay.

Expedited services are available for an additional fee as outlined in Section 2.8.

2.8 Rush Cases

Rush requests are prioritized ahead of all standard cases and are subject to additional charges as outlined in the current Fee Schedule. Rush service options may include 3-Hour, 1-Day, 3-Day, or 5-Day turnaround windows. Rush requests are typically initiated immediately upon receipt and may not be canceled for any reason once submitted.

2.8.1 Rush Timing Definitions

The following definitions govern turnaround expectations for each level of rush service:

3-Hour Rush:
- Requests submitted before 2:00 p.m. Mountain Time will be completed by 5:00 p.m. the same business day.
- Requests submitted after 2:00 p.m. Mountain Time will begin processing at 9:00 a.m. the next business day and will be completed by 12:00 p.m. (noon) that day.
1-Day, 3-Day, and 5-Day Rushes:
- Requests submitted before 3:00 p.m. Mountain Time will be completed by 5:00 p.m. on the respective due date.
- Requests submitted after 3:00 p.m. Mountain Time will have one additional business day added to the expected completion time.

2.8.2 Automatic Downgrade of Rush Fees

If results are not returned within the specified time for the selected rush level, the rush fee will be automatically adjusted to reflect the turnaround window in which results were actually delivered. For example, a 1-Day Rush completed within 3 business days will be billed at the 3-Day Rush rate.

2.8.3 Payment Terms

All rush services are billed under the same NET 15 terms described in Section 2.1. Delayed payment of a rush invoice does not cancel or reduce the Customer’s obligation to pay the applicable rush fee.

2.9 Policy Existence Cases

Policy Existence Case requests are non-cancellable once submitted. If a Customer attempts to cancel or withdraw a Policy Existence Case after submission, the applicable fee remains due and payable in full.

Policy Existence Cases are not conducted on a “No-Find, No-Fee” basis. A flat $270.00 Policy Existence No Hit Fee (or $375.00 for Commercial Policy Existence Cases) will be charged for each completed search regardless of the outcome, unless the result qualifies as a “no-hit” under Section 2.2.

To avoid being invoiced for policy records already known to the Customer, the Customer must clearly specify any known or expected policy information on the Request Form at the time of submission. RFR is not responsible for identifying or excluding known policies unless the Customer explicitly instructs RFR to omit them in writing. Failure to disclose known policies shall constitute a waiver of any right to dispute the results or associated fees for that case.

Policies listed in police reports are considered valid hits unless RFR is instructed in writing to disregard such records, or unless the listed policy does not name the subject driver or vehicle.

2.10 Termination or Cancellation of Requests

For all Policy Limit Requests, a $50 Termination or Cancellation Fee will apply if the request is canceled, withdrawn, or materially altered after submission. This fee covers administrative processing and preliminary research efforts initiated by RFR.

For Policy Existence Cases, any cancellation or withdrawal after submission will result in the applicable Policy Existence No Hit Fee being charged in lieu of a separate cancellation fee. The applicable fees are $270.00 for standard cases and $375.00 for commercial cases.

No portion of any fee will be waived due to turnaround delays unless explicitly agreed to in writing by RFR.

All cancellations, terminations, or material changes to requests must be submitted in writing. Verbal cancellations or instructions will not be accepted or honored under any circumstances.

2.11 Dispute of Fees

Any disputes regarding fees or billing must be submitted to RFR in writing within ninety (90) calendar days from the date of the invoice in question. The Customer must identify with specificity the nature of the dispute, the invoice number, and any supporting documentation. RFR reserves the right to deny any dispute that lacks adequate justification or documentation.

Disputes submitted after ninety (90) calendar days from the invoice date will be deemed waived and will not be considered under any circumstances. The Customer agrees that failure to timely dispute any invoice constitutes full and irrevocable acceptance of the charges therein.

3. Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings set forth below. Any capitalized term used herein but not otherwise defined shall have its commonly understood meaning within the insurance tracing and investigative services industry.

3.1 Insurer

“Insurer” shall mean any insurance carrier, insurance company, underwriting agency, agent, broker, or entity that provides insurance coverage, or any Defendant determined by RFR to be self-insured.

3.2 Date of Loss

“Date of Loss” refers to the specific date of the incident, accident, or event giving rise to the insurance claim. If a loss period is provided rather than a single date, the Date of Loss shall include any date within the reported period.

3.3 Policy Existence / Identifying the Insurer

“Policy Existence” or “Identifying the Insurer” shall refer to the service of determining whether an Insurer provided coverage for the named Defendant on the Date of Loss. If the Insurer is no longer in business, RFR will provide the Insurer’s name and last known address based on available records.

3.4 Termination

“Termination” shall refer to any cancellation, withdrawal, or substantial modification of a request after submission to RFR, whether initiated by the Customer or otherwise resulting in discontinuation of work by RFR.

3.5 Liability Limits

“Liability Limits” refers to the maximum amount of coverage provided by an insurance policy, as reported by the Insurer. Liability Limits shall be returned based on the policy number provided by the Customer or as associated with a claim number submitted. RFR makes no guarantee, expressed or implied, as to coverage eligibility or applicability for any excluded, non-permitted, or unauthorized drivers.

4. Process

4.1 Submission of Requests

All requests for services must be submitted via the JIRA Client Portal or through another method explicitly authorized in writing by RFR. Each request must be submitted only once and through a single channel. Duplicate submissions, whether intentional or inadvertent, will be treated as separate billable requests. RFR assumes no responsibility for identifying or correcting duplicate submissions and will not consider disputes arising from them.

4.2 Policy Existence Searches

In Policy Existence Case requests, the subject of the search will be referred to as the “Defendant.” The Defendant is the individual for whom RFR will attempt to locate insurance coverage active on the specified Date of Loss. A successful result may or may not identify coverage for the subject vehicle or property.

If the Customer wishes to search for additional individuals or entities—such as a separate driver and vehicle owner—each subject must be submitted as a separate request and will be billed accordingly.

4.3 Successful Hit Criteria

A Policy Existence search will be deemed a successful result (also referred to as a “hit”) if the Defendant is identified as a named insured, policyholder, or named driver on any valid policy located by RFR. RFR does not guarantee that the located policy will cover the specific incident, driver, or vehicle unless such confirmation is explicitly provided by the Insurer.

4.4 Additional Subject Searches

If more than one subject is involved in the incident (e.g., multiple defendants, owners, or drivers), a separate request must be submitted for each individual. RFR will not conduct additional subject searches under a single request. Each search will be separately assigned a case number and billed independently according to the applicable Fee Schedule.

4.5 Turnaround Time and Delivery of Results

Standard turnaround time for Policy Limit Traces is five (5) to seven (7) business days. For Policy Existence Cases, standard turnaround time is seven (7) to ten (10) business days. These turnaround times are estimates and not guarantees. Expedited services are available for an additional fee as outlined in Section 2.8.

RFR will deliver completed results to the Customer via the JIRA Client Portal or by email, along with the applicable invoice. Delivery of results shall be deemed complete upon submission through either method, regardless of whether the Customer opens, downloads, or acknowledges receipt.

4.6 Policy Limit Trace Requirements

For all requests to verify Liability Limits for a specific policy, the Customer must provide either a policy number or a claim number. In addition, any supporting correspondence from the Insurer (including declarations pages, adjuster emails, or claim letters) should be included with the request to aid in identification and expedite results. RFR is not responsible for delays caused by missing or insufficient identifying information.

5. Liability & Legal Protections

5.1 Disclaimer of Warranties and Use of Information

Red Folder Research, LLC (“RFR”) uses reasonable efforts to obtain accurate and up-to-date information from sources it deems reliable. However, all information, reports, and findings provided to the Customer are derived from third-party databases, communications with insurers, or other external resources that are outside the direct control of RFR. As such:

All services and information are provided on an “as-is” and “as-available” basis.
RFR does not warrant or guarantee the completeness, accuracy, timeliness, or reliability of any information provided, whether expressed or implied.
RFR’s results are for informational purposes only and are not intended to constitute legal, financial, or professional advice. Customers are strongly encouraged to independently verify results and consult with legal counsel or relevant professionals before taking action based on RFR’s findings.

The information and reports provided by RFR are prepared to support internal legal evaluation and strategy. They are not intended to serve as evidentiary materials, expert opinions, or materials for external disclosure, unless independently verified and determined appropriate by counsel.

Customer assumes full responsibility for how they use any information provided and agrees that RFR shall have no liability for decisions made or actions taken in reliance on such information.

5.2 Limitation of Liability

To the fullest extent permitted by law, RFR, including its members, employees, contractors, affiliates, vendors, agents, and information providers, shall not be liable for:

Any general, incidental, consequential, indirect, exemplary, special, punitive, or statutory damages;
Any damages for loss of business, profits, goodwill, opportunities, use, or data;
Any reliance damages arising out of or related to the use of RFR’s services or information, even if RFR was advised of the possibility of such damages.

RFR’s total liability under any legal theory, whether in contract, tort, negligence, strict liability, or otherwise, shall be limited to the total amount actually paid by the Customer for the specific service giving rise to the claim.

The Customer further agrees that the above exclusions and limitations of liability apply even if any remedy fails of its essential purpose.

5.3 Indemnification

The Customer shall indemnify, defend, and hold harmless RFR and its members, employees, agents, affiliates, contractors, vendors, and information providers from and against any and all claims, demands, actions, losses, damages, costs, and expenses (including reasonable attorney’s fees and costs of litigation) arising out of or related to:

The Customer’s breach of any provision of these Terms and Conditions;
The Customer’s misuse or unauthorized use of RFR’s services, results, or data;
The Customer’s submission of inaccurate, incomplete, outdated, or misleading information; and
Any claim or legal action resulting from decisions, actions, or omissions taken by the Customer based on the results provided by RFR.

5.4 Confidentiality

The Customer agrees to maintain the confidentiality of RFR’s proprietary research methods, internal workflows, data-gathering techniques, pricing structures, and all written or verbal communications not publicly disclosed by RFR.

The Customer shall not disclose, distribute, or reproduce any such proprietary or confidential information to any third party—including, but not limited to, competitors or entities offering similar services—without the express written consent of RFR.

In addition, the Customer agrees that any reports, findings, or communications provided by RFR are confidential and intended solely for internal use in connection with the legal matter for which they were requested. The Customer shall not disclose, distribute, or provide such materials to opposing parties, insurers, or third parties except at the sole discretion of counsel and after consideration of applicable legal and strategic implications.

5.5 Force Majeure

RFR shall not be liable for any delay in performance or failure to perform any obligation under these Terms and Conditions if such delay or failure is caused by events beyond RFR’s reasonable control. This includes, but is not limited to:

Acts of God or natural disasters (e.g., earthquakes, floods, fires);
Governmental or regulatory actions;
Epidemics or pandemics;
Power outages, communication failures, or internet disruptions;
Labor strikes or industrial actions;
Acts of terrorism or war.

In such cases, RFR’s performance shall be excused for the duration of the event, and any associated delays shall not constitute a breach or grounds for withholding payment.

5.6 Intended Use of Reports

All reports, findings, and communications provided by RFR are prepared at the direction of counsel in connection with a legal matter and are intended to support internal litigation evaluation, strategy, and case management.

RFR does not control how such materials are ultimately used, disclosed, or relied upon, and makes no representation regarding their treatment under applicable discovery rules, privilege doctrines, or evidentiary standards.

The Customer acknowledges that disclosure or external use of such materials may affect their treatment in litigation and assumes all responsibility for decisions regarding their use or disclosure.

6. Governing Law and Jurisdiction

These Terms and Conditions, and any dispute, claim, or controversy arising out of or relating to the services provided by Red Folder Research, LLC (“RFR”) or the interpretation, validity, or enforcement of this Agreement, shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law principles.

The Customer irrevocably agrees that any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in Ada County, Idaho. The Customer consents to the personal jurisdiction of such courts and waives any objection to venue, including claims based on forum non conveniens.

Both parties agree that any claim brought in violation of this Section may be dismissed by the court on motion and that the prevailing party in any such proceeding shall be entitled to recover reasonable attorney’s fees and costs incurred in enforcing this jurisdictional clause.

7. Affirmations & Declarations

By submitting any request for services, the Customer affirms and agrees to the following:

7.1 Lawful Use of Services

The Customer shall use RFR’s services, data, reports, and communications solely for lawful purposes in all applicable jurisdictions. The Customer shall not use any information provided by RFR in violation of any federal, state, or local law, regulation, or court order.

RFR’s services are not intended for surveillance, harassment, consumer reporting purposes, or any use that would violate the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA), or other applicable statutes.

7.2 Accuracy of Submitted Information

The Customer represents and warrants that all information submitted to RFR—whether via the Request Form, Client Portal, email, or otherwise—is accurate, complete, and up to date to the best of the Customer’s knowledge at the time of submission.

The Customer acknowledges that RFR shall not be responsible for inaccuracies or incomplete results that stem from false, misleading, outdated, or omitted information provided by the Customer.

7.3 Use of Third-Party Data

The Customer understands and accepts that RFR collects, verifies, and returns information obtained from third-party sources including insurance carriers, databases, regulatory agencies, and other independent systems or contacts.

Such information may contain typographical errors, be incomplete, outdated, or subject to change without notice. RFR disclaims responsibility for any such deficiencies and makes no warranty as to the reliability or suitability of any third-party data provided.

7.4 Customer Responsibility for Compliance

The Customer bears sole responsibility for ensuring that the use of any information provided by RFR complies with all applicable legal and ethical obligations. This includes, but is not limited to, the Customer’s responsibility to:

Verify the accuracy and applicability of any results prior to reliance or disclosure;
Protect the privacy rights of any individuals whose information may be included in search results;
Avoid improper or unauthorized uses of personal or insurance data.

RFR shall not be held liable for any legal or regulatory consequences arising from the Customer’s misuse or unauthorized application of results delivered under this Agreement.

8. Amendment Clause

RFR reserves the right to amend, modify, revise, or replace these Terms and Conditions at any time, in its sole discretion and without prior notice to the Customer.

The most current version of the Terms and Conditions will be made available on RFR’s website or the Client Portal and will supersede all prior versions immediately upon posting. It is the Customer’s responsibility to review the Terms and Conditions periodically for changes.

By continuing to submit requests, access RFR services, or use results provided by RFR after the posting of any revised Terms and Conditions, the Customer irrevocably agrees to be bound by the most current version.

No waiver, modification, or amendment to these Terms and Conditions shall be binding unless made by RFR in writing.

9. Entire Agreement

These Terms and Conditions, together with any associated Request Forms, Fee Schedules, and written policies issued by RFR, constitute the entire agreement between the Customer and Red Folder Research, LLC regarding the subject matter herein.

This Agreement supersedes all prior or contemporaneous communications, representations, understandings, and agreements, whether oral or written, between the parties concerning the services provided by RFR.

No oral statement, email, or verbal assurance shall have any legal effect unless expressly incorporated into these Terms and Conditions by written amendment issued by RFR.

In the event of any conflict between these Terms and Conditions and any other document or communication, these Terms and Conditions shall control.