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Caging the Reptile Theory

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This course, “Caging the Reptile Theory,” is designed to familiarize adjusters with the reptile theory, a litigation strategy employed by plaintiffs’ attorneys in compensatory damages cases, and to assist them with developing strategies to adjust, manage and defend reptile cases more effectively. The module is presented by Ken Bunn, AIC, CBIA, PMP, Vice President of Claims at Builders Mutual Insurance Company and JD Keister, an attorney at the law firm of McAngus Goudelock & Courie.

This course begins with a discussion of social inflation, including what it is and how different factors have contributed to social inflation and the rise in nuclear verdicts. The presenters focus on how social inflation has impacted the insurance industry. In the next section, the presenters define what the reptile theory is. They also explain how national tort form and other factors led to the development of the reptile theory, and how the reptile theory’s emphasis on the community and safety rules is meant to invoke the golden rule without violating it. During the next two sections, the presenters describe in further detail how the reptile theory works during litigation, how it is meant to impact jurors and what insurers should consider when managing a reptile case. Lastly, the presenters highlight several common reptile tactics, provide some examples of reptile deposition questions and outline how insurance carriers and their insureds’ defense counsel can successfully respond to these tactics and thus cage the reptile theory.

What CE Credit is available?

Note: To qualify for credit, you must submit completion (including a passed final exam if required) within five days of completing the last quiz. No partial credits will be awarded.

State:
Adjuster General CE Hours:
Adjuster Ethics CE Hours:
Attorney General CLE Hours:
State's Course ID:
FL * ( Provider Number: 364169 ) 2.0 1186714
NC 2.0 218782
NH 2.0 6000155023
OK 2.0 6000156278
TX (classroom equivalent) 2.0 137042
WY 2.0 35510

* This course has been approved by the Florida Department of Financial Services for insurance continuing education credit.

Course Content

Social Inflation and the Rise of the Reptile Theory
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Lesson Content

1. Presenters’ introductions
2. Understanding what social inflation is and the resulting rise in nuclear verdicts
3. Addressing social inflation in the insurance industry
4. Societal factors contributing to social inflation
5. Social inflation and third-party litigation financing
6. The millennial factor
7. Social inflation’s impact on the property and casualty insurance industry
8. Recap

Understanding The Reptile Theory and Its Impact on Juries
Expand
Lesson Content

1. What is the reptile theory?
2. How does the reptile theory impact jurors?
3. Why was the reptile theory created?
4. National tort reform and damages case law
5. The growing public distrust of corporations
6. Purposes of the reptile theory
7. Invoking the golden rule without violating it
8. How is reptile theory taught?
9. Examples of reptilian tactics during depositions
10. Recap

Reptilian Scaffolding and Strategies to Defend Against It
Expand
Lesson Content

1. The Reptile book and its emphasis on safety rules
2. Examples of reptilian safety rules
3. Awareness is key
4. Basic reptile scaffold
5. Reptilian efforts to admit evidence of subsequent remedial actions
6. Defense tactics for countering reptilian scaffolding
7. Recap

Litigating a Reptile Case
Expand
Lesson Content

1. Deposition preparations
2. Defusing anger among the jurors
3. Why is the reptile theory an effective litigation strategy?
4. The Covid-19 pandemic’s possible impact on jurors’ thoughts on social inflation (
5. Insurance carrier considerations: Litigating a reptile claim
6. Insurance carrier considerations: Adjusting a reptile claim
7. Recap

Insurance Carrier Strategies and Reptile Discovery Tactics
Expand
Lesson Content

1. Reptile lessons and carrier strategies
2. In what type of cases is the reptile theory used?
3. At what stage in litigation, do you normally see the reptile theory?
4. How is the reptile theory used during discovery and jury selection
5. Reptile Deposition Examples: Introduction
6. Reptile Deposition Examples: Methadone clinic case
7. Reptile Deposition Examples: Underage drinking case
8. Recap

More Reptile Tactics & Defense Litigation Strategies
Expand
Lesson Content

1. Plaintiffs’ tactics: Information Sharing
2. Plaintiffs’ tactics: Using Motions in Limine to bar some defense evidence
3. Plaintiffs’ tactics: Priming jurors
4. Plaintiffs’ tactics: Opening statements and closing arguments
5. Defeating plaintiffs’ reptile tactics
6. Combatting golden rule arguments
7. Using the reptile theory against the plaintiff
8. Closing remarks
9. Recap

Get CE Credit or Certificate of Completion (Caging the Reptile)

Submit within 5 days to get CE Credit or Certificate of Completion.

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